RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02355 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He received the Department of Veterans Affairs (DVA) Certificate of Eligibility to receive the Post 9/11 GI Bill benefit on 24 Mar 11. Soon thereafter, he followed the instructions to request approval to transfer his benefits to his daughter. He initially requested to transfer one month of benefits, to ensure the benefit would be requested and approved. On the website, it gave an option for both his wife and daughter and to move a certain number of hours, and he annotated one month for his daughter. On 25 May 12, he logged on the DVA website to see if he moved the correct amount of months so his daughter could start at the University of Maryland-Baltimore College (UMBC) in the Fall of 2012, and the DVA’s website (eBenefits) said he did not have any benefits. On 29 May 12, he contacted the DVA, and they transferred him to the Air Force Personnel Center (AFPC), they stated that his issue was with the Department of Defense (DoD). The person at AFPC told him to complete a DD Form 149, Application for Correction of Military Record, in order to amend his education records. In Dec 10, one-year out from retirement, his only intention was to transfer his benefits to his daughter. He received approval to switch to the Post 9/11 GI Bill and moved one month over to his daughter to solidify the transfer process. He was unable to find any historical evidence, and cannot determine whether someone provided him the wrong information or if the website did not work properly. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; and Certificate of Eligibility for Post-9/11 GI Bill benefits from the Department of Veterans Affairs (DVA). The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of senior master sergeant effective 1 Dec 11 after serving 25 years and 14 days of active duty service. Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the member did not provide adequate justification or documentation. On 28 Jan 11, the applicant received pre-separation counseling, to include education benefits. There is no record of the member applying for the benefit in the Transfer of Education Benefits (TEB) system or any Right Now Technology (RNT) records. DPSIT states, in part, 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 GI Bill, has at least 6 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 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 09, 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. If the Board finds there was an injustice to the extent that the member did not receive adequate pre-separation counseling, as required by law and DoD regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, then the Board may approve the member’s request. The complete DPSIT evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His intention is to provide details of his processing the TEB to show; that he did everything in accordance with (IAW) requirements to transfer the eligibility; that something in the process did not function correctly; and that he is eligible for this benefit. On 28 Jan 11, he received his initial retirement counseling at Andrews AFB (AAFB). In early Feb 11, he contacted the Post 9/11 GI Bill point of contact at the AAFB Education Center. He worked with a guidance counselor and received the information needed to submit the paperwork to transfer his MGIB benefits to the Post-9/11 GI Bill. He filled out the necessary form, which he does not have a copy of, and submitted it through the Fort Meade Education Center. On 24 Mar 11, he received notification from the DVA that his request to switch from the MGIB to Post 9/11 GI Bill was approved. In late Mar early Apr 11, he visited the Fort Meade Education Center again to see what he needed to do next. He did not receive adequate information and did some research and found an old email from Randolph AFB from back in 2009 that had a link to the TEB website. He logged on to the website and saw both his daughter and wife listed, with blocks to annotate the number of months for each dependent. Throughout the entire process he knew he had to at least transfer one month to establish the eligibility. He vividly remembers finishing this step and submitting this on the TEB website because at the time he was going through a difficult time with his daughter’s behavior and did not want her to automatically receive all 36 months of benefits if she continued down the same path she was heading. On 25 May 12, his daughter was accepted to UMBC and he wanted to begin the paperwork so that she could start in the Fall of 2012; however, upon visiting the website to transfer the hours, the website reflected that he did not have any beneficiaries to transfer credits to. On 29 May 12, he inquired about the TEB and was advised he did not do the transfer under the TEB while on active duty, and therefore, was not eligible to transfer his Post-9/11 GI Bill benefits. He completed all the requirements while on active duty, and did what was required of him to gain this benefit. The applicant's complete rebuttal 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 error or injustice. We took notice of the applicant's complete submission to include his rebuttal statement, 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 that the applicant has not been the victim of an error or injustice. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR). While the applicant indicates he was not given adequate information to make his transferability election prior to retirement, it appears the Air Force made every reasonable effort to ensure the information was available to the member prior to his retirement. Therefore, in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of his request. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 Docket Number BC-2012-02355 in Executive Session on 8 Jan 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2012-02355 was considered: Exhibit A. DD Form 149, dated 29 May 12, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 19 Jun 12, w/atch. Exhibit C. Letter, SAF/MRBR, dated 26 Jul 12. Exhibit D. Letter, Applicant, dated 31 Jul 12, w/atchs.