RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03835 COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents without incurring an additional Active Duty Service Commitment (ADSC). ________________________________________________________________ APPLICANT CONTENDS THAT: He was previously briefed that his Transfer of Education Benefits (TEB) would not require an additional ADSC because he was retirement eligible on or before August 2009. However, on 5 August 2013 he learned from the Total Force Service Center (TFSC) that this option expired as of 3l July 2013. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 27 January 1989. He retired on 30 April 2014 after serving 25 years, 3 months and 4 days on active duty. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. * Eligible Individuals. Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she meets one of these conditions: o Has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election. o Has at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, 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. o Is or becomes retirement eligible during the period from 1 August 2009, through 31 July 2012, and agrees to serve the additional period, if any, specified in the following subparagraphs. A Service member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed pursuant to Title 10, United States Code (USC) § 12732. This subparagraph will no longer be in effect on 1 August 2013, and on or after that date all members must comply with subparagraphs above to be eligible for transfer of unused education benefits to family members. ? For individuals eligible for retirement on 1 August 2009, no additional service is required. ? For individuals eligible for retirement after 1 August 2009, and before 1 August 2010, 1 year of additional service is required. ? For individuals eligible for retirement on or after 1 August 2010, and before 1 August 2011, 2 years of additional service is required. ? For individuals eligible for retirement on or after 1 August 2011, and before 1 August 2012, 3 years of additional service is required. * The provisions of DoDI 1341.13, subparagraph 3.a.(3) will apply to Service members recalled to active duty under the provisions of Title 10 USC § 688 or members of the Individual Ready Reserve ordered to active duty under the provisions of Title 10 § 12301(d) only when the active duty is for a period of at least 90 days. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant provides no evidence of error or injustice on the part of the Air Force. On 1 March 2013, the Air Force published Air Force Guidance Memorandum to AFI 36-2306, Voluntary Education Program, indicating the retirement eligibility dates the applicant referred to would expire on 31 July 2013. This document was distributed to the lowest levels in the Air Force. In addition, the Air Force published several articles through Public Affairs to notify members of the pending change. The applicant also indicated on his Preseparation Counseling Checklist dated 13 March 2013, that he would like counseling on his education benefits. While the applicant contends that he falls under the paragraph which states: "For those members eligible for retirement on or before 1 August 2009 no additional service is required." Those exceptions expired on 31 July 2013, and now all members who apply for TEB incur a four-year ADSC. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The advisory opinion is both incorrect and unreasonable. The Air Force Office of Primary Responsibility (OPR) states that the evidence does not support that he is a victim of an error or injustice. Therefore, he feels compelled to explain the multiple official errors and injustices which resulted in this unfortunate situation. The OPR states "We find there has been no injustice to the extent that the service member did not receive adequate counseling as required by law and DoD regulation." Although he sought counseling on multiple occasions, a series of official errors and official ignorance of policy, nullified any adequate counseling. Since this "adequate counseling" was required by law and regulation, there is a clear injustice, and therefore he should be allowed to transfer his Post 9/11 GI Bill benefits to his family. The applicant’s complete response is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. According to DoDI 1341.13, dated 31 May 2013, no additional service was required for those members that were retirement eligible on 1 August 2009. Although those exceptions expired on 1 August 2013, the evidence reflects that the applicant was eligible for retirement on 1 August 2009. Therefore, it appears the applicant may not have been properly counseled regarding the steps necessary to transfer his Post-9/11 GI Bill to his dependents without incurring an ADSC. As such, we do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. In view of the foregoing, we recommend the applicant’s record be corrected to show that he elected to TEB to his dependents before the ADSC exceptions expired. Accordingly, we recommend his records be corrected as set forth below. 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(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 30 July 2012, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03835 in Executive Session on 1 July 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 August 2013. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 5 September 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 29 October 2013. Exhibit E. Letter, Applicant, dated 2 November 2013. 1 . Panel Chair 4 4 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974