RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01858 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His Transfer of Education Benefits (TEB) application be approved. ________________________________________________________________ APPLICANT CONTENDS THAT: He inquired about transferring his Post 9/11 education benefits back in the summer of 2009. At that time he was told he was eligible for 70 percent. His wife submitted the paperwork approximately two weeks after he retired. They never received a written response of benefits eligibility so he decided to call. He was verbally informed that because he was retired, he was no longer eligible to transfer his education benefits. He was two weeks into retirement and had no idea that he had to file the paperwork before he retired. He would greatly appreciate all help in this matter. In support of his request, the applicant provides a personal statement and a copy of an AFRC/CC memorandum with subject; emphasis of Post 9/11 GI Bill transferability provisions at coming unit training assembly (UTA). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 10 December 2009, the applicant was assigned to the HQ ARPC Retired Reserve section and placed on the Retired Reserve List awaiting retirement at age 60 (13 August 2031). ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states, the Air Force Reserve Command, in implementing its guidance, developed a communication plan that utilized the Air Reserve Personnel Center and education and training offices at each installation to serve as spokespersons to effectively communicate the Post 9/11 GI Bill transfer-to-dependent program using internal media, communication tools and external publications. All Department of Defense (DoD) requests and transactions for transfer of benefits must be completed through the Transferability of Educational Benefits (TEB) web application. Every effort was made by DoD, the Department of Veterans Affairs (VA), and the services to make sure that every eligible service member understood the process for transferring benefits. The VA did not have its final rules and regulations published until 31 March 2009. While the rules and regulations were being formulated, DoD and the services were busy trying to build an infrastructure that could transmit the transfer of benefit data between DoD and the VA. In the haste to implement the transfer of benefits there was a lot of misrepresented information. Many service members were led to believe that the law only required that one be serving on active duty on 1 August 2009. For this reason, many individuals were planning and adjusting their retirement dates so that they were on active duty on 1 August 2009. As the effective date of the program got closer, the rules of engagement became clearer. Based on the legislative provisions of Title 38, U.S.C., chapter 33, section 3319(f) (1) which states in part, “an individual…may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed”, they recommend disapproval of the applicant’s request. The complete AFRC/A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 June 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). To date, this office has not received a response. ________________________________________________________________ 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. After a thorough review of the evidence of record and applicant's submission, we believe that relief is not warranted in this case. Therefore, 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 or injustice. In view of the above and 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-2012-01858 in Executive Session on 8 January 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 April 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFRC/A1K, dated 14 June 2012. Exhibit D. Letter, SAF/MRBR, dated 20 June 2012. Panel Chair