RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01680 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependent. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never informed that the transfer of benefits had to take place while he was on active duty. He attended both the long and short Transition Assistance Program (TAP) classes and no discussion was held on the requirements. He attempted to transfer his benefits while he was on terminal leave, but was unable to because he did not have a Common Access Card (CAC) reader installed on his home computer. In support of his request, the applicant provides personal statements, his DD Form 2648, Pre-separation Counseling Checklist For Active Component Service Members, a Post 9/11 GI Bill Transferability Information Sheet, and a memorandum for HQ AFPC/DPSIT. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The available records reflect the applicant was retired in the grade of major on 1 Feb 10. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSI states service 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 Aug 09, 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 Department of Defense 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. DPSI notes the Board could find that there was an injustice if the service members were on active duty on 1 Aug 09, 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 Aug 09 and there would be no need to place the service member on active duty since the Transfer of Educational Benefits (TEB) system allows for correction of the record by Air Force personnel. The complete HQ AFPC/DPSI evaluation with attachments is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Oct 10 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 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 he elected to transfer his Post 9/11 GI Bill Educational Benefits to XXXX, effective 1 November 2010. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01680 in Executive Session on 1 March 2011, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSI, dated 4 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.