RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01351 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to participate in the Transfer of Post-9/11 GI Bill Benefits to Dependents program. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes it is unjust for the Air Force to deny education benefits to his dependents because he failed to transfer this entitlement while on active duty. He would like to take advantage of this benefit authorized by the United States Congress. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was commissioned into the Regular Air Force on October 15, 1988 and was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of November 1, 2004. He retired on October 1, 2010 after serving 21 years, 5 months and 27 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 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. The remaining 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 C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. DPSIT states 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 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 can transfer their unused Post-9-11/GI benefits to their dependents. The Department of Defense (DoD) via DTM 09-003 allowed a service member that had an approved retirement date after August 1, 2009 and before July 1, 2010 to participate in the transfer of benefits without incurring additional service obligation. Thirty-eight United States Code (USC) Chapter 33, Section 3319(f)(1), Directive Type Memo (DTM) 09-003 3.g.(1) and Air Force Instruction (AFI) 36-2306, required that the transfer of benefits be accomplished while serving as a member of the Armed Forces. DPSIT states the transfer of Education Benefits system began accepting applications as of June 27, 2009 with an effective date no earlier than August 1, 2009. DPSIT notes many service members thought they were eligible for the transfer as long as they were serving on active duty and did not realize that participating in the program required they do the transfer of education benefits (TEB) while serving on active duty or selective reserve status. The complete DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states there has been both an injustice and a government error regarding his inability to transfer Post-9/11 GI Bill Education benefits for his family. His understanding prior to his retirement was a service member had to be on active duty on August 1, 2009, meet longevity requirements with an approved retirement date. The applicant’s complete response is at Exhibit E. _________________________________________________________________ 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, August 1, 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 August 1, 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 August 1, 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: A copy of the Air Force evaluation was forwarded to the applicant on August 2, 2010, for review and comment within 30 days. As of this date, this office has received no response (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 an 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 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. 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 APPLICANT be corrected to show that: a. On August 31, 2009 he elected to transfer her Post 9/11 GI Bill Educational Benefits to a dependent, effective September 1, 2009. b. Transfer of Post 9/11 GI Bill Educational Benefits is contingent upon the completion of the necessary paperwork as indicated in the attached letter from AFPC/DPSIT within 30 days. _______________________________________________________________ The following members of the Board considered AFBCMR BC-2010- 01351 in Executive Session on October 5, 2010, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Apr 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 14 May 10. Exhibit E. Letter, Applicant, dated 13 Jun 10. Exhibit F. Letter, USAF/A1PA, dated 30 Jul 10. Exhibit G. Letter, SAF/MRBR, dated 2 Aug 10. Panel Chair AFBCMR BC-2010-01351 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. On August 31, 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to a dependent, effective September 1, 2009. b. Transfer of Post 9/11 GI Bill Educational Benefits is contingent upon the completion of the necessary paperwork as indicated in the attached AFPC/DPSIT Memorandum within 30 days. Director Air Force Review Boards Agency Attachment: HQ AFPC/DPSIT Memorandum