RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02236 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 never informed of the proper way to transfer Post 9/11 GI Bill benefits while he was in the Air National Guard (ANG). He was advised that if his children were enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) and he had a letter from the Department of Veteran Affairs, he could transfer benefits to his dependents. The information available at the time of his retirement led him to believe his dependents were already approved. He was shocked and disappointed to learn the transfer was not complete. In support of his request the applicant provides copies of his NGB Form 22, Report of Separation and Record of Service; NGB Form 438, Honorable Discharge from the Armed Forces of the United States of America - ANG, and other items in support of his request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 Dec 2010, the applicant retired from the ANG in the grade of lieutenant colonel (Lt Col, O-5). 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: NGB/RSR recommends approval. RSR states they contacted the Retention Office Manager (ROM) at the applicant’s former Wing to obtain additional information. The ROM stated he did not out- process prior to his retirement date and did not receive a Post- 9/11 GI Bill briefing from their office. Therefore, he never received the Post 9/11 GI Bill separation counseling regarding the requirement to submit the Transfer of Education Benefits (TEB) request before his retirement. The complete RSR evaluation is at Exhibit B. NGB/A1PS concurs with RSR and recommends approval of the applicant’s request to change his eligibility to transfer his Post 9/11 GI Bill benefits to his dependents. The complete A1PS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 Sep 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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. The applicant is requesting he be allowed to transfer his benefits to his dependents stating he was never informed on the proper way to transfer the benefits. We note the Air Force offices of primary responsibility (OPR) state the applicant did not out-process through his unit or the retention office and therefore did not receive the Post 9/11 GI bill separation counseling. As such, in our view, the applicant failed to take advantage of the available channels to obtain information regarding how to transfer his education benefits. Should the applicant provide information that supports he failed to receive proper counseling on the Post 9/11 benefits through no fault of his own, we would be willing to reconsider his request. In the absence of persuasive evidence that he was denied rights to which he was entitled, 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-2012-02236 in Executive Session on 8 Jan 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-02236: Exhibit A. DD Form 149, dated 23 May 2012, w/atchs. Exhibit B. Letter, NGB/RSR, dated 13 Jul 2012. Exhibit C. Letter, NGB/A1PS, dated 16 Jul 2012. Exhibit D. Letter, SAF/MRBR, dated 10 Sep 2012.