RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04097 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he elected to transfer his Post- 9/11 GI bill to his dependents while on active duty. _________________________________________________________________ APPLICANT CONTENDS THAT He was not informed that he had to be on active duty in order to transfer his benefits to his dependent. On 31 Aug 10, when he attended the Transition Assistance Program (TAP) at Ellsworth AFB, South Dakota, the person who normally presented the Post- 9/11 GI Bill briefing was not available, and the alternate briefer did not cover the topic of transferability. Therefore, he was unaware of the requirement to be on active duty to elect to transfer his benefits until Sep 11 when he read about it in the Air Force Times. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are described in the letter prepared by the Air Force office of responsibility which is included at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in 38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 benefits, has at least six years of service in the Armed Force on the date of election, and agrees to serve a specified additional period in the Armed Forces on the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (38 U.S.C. § 3319(b)(1)). However, the transfer must be initiated while the member is serving in the Armed Forces, which is defined as limited to those on active duty or in the Selected Reserve. 38 U.S.C. § 3323(b)(1) and (2) require the Secretary to provide the member information on the Post-9/11 GI Bill as specified in DoD Regulations. The Air Force, in implementing its guidance, developed a communications plan that used the Air Force Personnel Center Commander and the Education and Training Sections at each installation to serve as spokespersons to communicate the Post-9/11 GI Bill transfer-to- dependent program using internal media, internal communications tools, and external trade publications. In addition, the Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. The DoD developed a special website to facilitate the transfer of educational benefits. The applicable Department of Defense Directive Type Memorandum (DTM) and the Air Force Instruction both state the transfer must be made while the member is serving in the Armed Forces, and both were published on government-hosted websites prior to 1 Aug 09. Notably, since 1 Aug 09, the Air Force approved over 50,000 transferability applications. The applicant acknowledges that he was briefed on the Post-9/11 GI Bill during TAP, but failed to transfer to this dependents before his retirement. He did not provide sufficient information to prove there was an error or injustice. The complete AFPC/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that he was not properly advised of the requirement to be on active duty to elect to transfer his benefits and submits materials he received from the Department of Veterans Affairs (DVA), none of which indicate the requirement to be on active duty to elect the transfer. In addition, he restates his contention that he cannot recall transferability being discussed during the TAP presentation about the Post-9/11 GI Bill. The applicant’s complete response, with attachments, is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, including his response to the Air Force evaluation, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04097 in Executive Session on 3 Apr 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining was considered: Exhibit A. DD Form 149, dated 14 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPSIT, dated 27 Oct 11. Exhibit D. Letter, Applicant, undated.