RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03179 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post- 9/11 GI Bill educational benefits to his dependent on 5 Sep 2010. ________________________________________________________________ APPLICANT CONTENDS THAT: He requested Transfer of Education Benefits (TEB) while on active duty; however, the document he completed requesting TEB was not entered into the personnel system. He attended the Transition Assistance Program (TAP) twice and discussed TEB with the education officer at his final duty station. At this meeting, he specifically addressed transferring the remainder of his GI Bill to his daughter and completed the necessary documents. He retained many important documents relating to his retirement but in relocating from overseas, he is unable to locate a copy of his TEB application. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 13 Nov 1987 and was progressively promoted to the grade of lieutenant colonel (O-5). He was retired on 31 Dec 2010 after serving 23 years, 1 month and 18 days on active duty. 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 6 years of service in the Armed Forces on the date of election and agrees to serve 4 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 4 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, 1 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, 2 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, 3 years of additional service after approval of transfer required. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant did not provide adequate justification or documentation. He received pre- separation counseling on 22 Apr 2010 and indicated on his DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members, that he did not want counseling for educational benefits prior to his retirement. There is also no record of the applicant applying for the benefit in the TEB or Right Now Technology (RNT) systems. The complete DPSIT evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He believes his daughter should be eligible for his GI Bill. Although the Air Force did a very good job in publicizing the transferability of the GI Bill to dependents, he does not believe the Air Force made the same effort in pointing out the importance of documenting that the transfer election had to be made while on active duty. He attended TAP in 2008 and 2009; and although TEB was highlighted, the importance of documenting the transfer while on active duty was not mentioned. A simple check-sheet, such as the DD Form 2648, should not suffice for signing away educational benefits earned and provided under the GI Bill. His educational situation is different from most other service members as he already used a significant portion of his eligibility in pursuit of his doctorate’s degree while on active duty. He visited the education office on a monthly basis during his retirement processing to discuss funding for his doctorate’s degree. At no time was the GI Bill transfer process requirements discussed, perhaps because they assumed he would exhaust his benefits. He has 14 months of eligibility remaining which he fully intended to transfer to his daughter. The applicant’s complete response 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. While the applicant argues that the GI Bill transfer process requirements were not discussed, as pointed out by the Air Force Office of Primary Responsibility (OPR), the applicant declined pre- separation counseling for educational benefits. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion that 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-2013-03179 in Executive Session on 21 Apr 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jun 2013. Exhibit B. Letter, AFPC/DPSIT, dated 9 Jul 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 2013. Exhibit D. Letter, Applicant, dated 18 Sep 2013, w/atchs. Panel Chair 1