RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04210 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not adequately notified of the opportunity to transfer Post 9/11 GI Bill benefits prior to his retirement on 1 Jul 2010. He attended the required separation briefings at his last duty station in Jan 2010 and began terminal leave on 1 May 2010. He recently read a news article regarding the issue of GI Bill transfers and believes his case directly parallels the issue outlined in the article. In support of his request, the applicant provides a Military Times article, titled “Some Army, Air Force retirees can still get GI Bill transfers.” The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of lieutenant colonel effective 30 Jun 2010. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill, and: • Has at least six years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election. • Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or • Is or becomes retirement eligible during the period from 1 Aug 2009, through 1 Aug 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. • For those individuals eligible for retirement on 1 Aug 2009, no additional service is required. • For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. • For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, one year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, two years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, three years of additional service after approval of transfer required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant did not provided adequate justification or documentation. He received pre-separation counseling on 5 Jan 2010 and indicated on his DD Form 2648, Preseparation Counseling Checklist For Active Component Service Members, that he did not want counseling for education benefits prior to his retirement. There is no record of his applying for the benefit in Transfer of Education Benefits (TEB) or any Right Now Technology (RNT) records. DPSIT states in part that, 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 2009, who is eligible for the Post-9/11 GI Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations. The transfer of Post 9/11 GI Bill benefits 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. The Air Force issued AFI 36-2306, Voluntary Education Program, on 23 Jul 2009, which was subsequently replaced with AFI 36- 2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre- separation counseling, documented on DD Form 2648, Pre- Separation Counseling Checklist. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 Apr 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-04210 in Executive Session on 15 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Oct 2011, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 30 Mar 2012. Exhibit D. Letter, SAF/MRBR, dated 6 Apr 2012.