RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00454 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to allow him to transfer his Post-9/11 GI Bill benefits to his dependent daughters. _________________________________________________________________ APPLICANT CONTENDS THAT: He was advised during his retirement out-processing that all he needed to do was complete the required forms to transfer his GI benefits to his dependents before he retired. Personnel at his assigned Education Office told him to go to the Department of Veterans Affairs (DVA) website and complete the VA Forms 22-1990, Education Benefits, and 22-1990E, Application for Family Member to use Transferred Benefits. However, after his retirement, he began to follow up on his request and discovered that he should have completed the transfer first from the DMDC website on the Transfer of Education Benefits (TEB) page. Additionally, he later found out that his dependents were not listed on the page after his retirement. He has been working with the DVA and Air Force concerning the transfer of his GI benefits since November 2009, with no luck. He has since been told there is no way to have his dependent daughters added to the TEB website since he retired. In support of his request, the applicant provides copies of confirmation receipts of his DVA Forms 22-1990 and 22-1990E. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 26 September 1989 and was retired in the grade of master sergeant (E-7) on 1 October 2009. He is credited with 20 years and 5 days of active service. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 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 August 1, 2009, through August 1, 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 August 1, 2009, no additional service is required. • For those individuals who have an approved retirement date after August 1, 2009, and before July 1, 2010, no additional service is required. • For those individuals eligible for retirement after August 1, 2009, and before August 1, 2010, 1 year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after August 1, 2010, and before August 1, 2011, 2 years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, 3 years of additional service after approval of transfer required. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial since Title 38, United States Code, Chapter 33, Section 3319(f)(1), states that, “an individual…may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” However, if the Board deems it appropriate to allow the individual to participate in the transfer of benefits based on the evidence the individual provides, the Department of Defense (DoD) has provided the Service with the tools to correct any possible government error or injustice in favor of the applicant. The complete HQ AFPC/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 May 2010 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ USAF/A1PA does not provide a recommendation. A1PA states that members may have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 August 2009, was sufficient to “vest” them with the right to transfer benefits at some time in the future. Had those members sought clarification from an educational counselor, read the DoD or Air Force guidance that was very clear on that point, or taken other measures to make timely decisions before their separation or retirement, they could have initiated a timely transfer of benefits. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 August 2009 and there would be no need to place the member on active duty since the TEB system allows for correction of the record by Air Force personnel. The complete HQ USAF/A1PA evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant states he was fully aware that he needed to transfer the Post 9/11 GI benefits to his dependents before his 1 October 2009 retirement date and he was led to believe the forms he completed on 12 August 2009 were the only required documents. He was not advised of the correct procedure until after his retirement date. The applicant’s complete submission, with attachments, is at Exhibit G. _________________________________________________________________ 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 error or injustice. While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not timely made aware of his eligibility and the steps necessary to transfer his benefits to his dependents. In addition we find no basis to question the applicant's account in this matter and do not find it reasonable that he/she would have knowingly elected not to pursue use of this important entitlement. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. On 30 September 2009 he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 1 October 2009. b. Transfer of Post 9/11 GI Bill Educational Benefits is contingent upon the completion of the necessary paperwork within 30 days as indicated in the attached letter from HQ AFPC/DPSIT. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00454 in Executive Session on 5 October 2010, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered for Docket Number BC-2010-00454: Exhibit A. DD Form 149, dated 22 Jan 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIT, dated 7 May 10. Exhibit D. Letter, SAF/MRBR, dated 21 May 10. Exhibit E. Letter, HQ USAF/A1PA, dated 30 Jul 10. Exhibit F. Letter, SAF/MRBR, dated 2 Aug 10. Exhibit G. Letter, Applicant, dated 8 Aug 10, w/atchs.