RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02100 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents (spouse and children). _________________________________________________________________ APPLICANT CONTENDS THAT: He retired right after the Transfer of Post-9/11 GI Bill Benefits (TEB) went into effect and the system lost his TEB request. He learned he could transfer his education benefits to his dependents in late Jul 09 and began the process on-line; however, the application said he must have Post-9/11 GI Bill eligibility before he could apply. He applied through the Veterans Affairs (VA) office and received confirmation that his package was being processed on 12 Aug 09; however, the VA was backed up for up to 12 weeks. He did not receive his Certificate of Eligibility until 5 Oct 09. The active duty TEB system showed his dependents as being eligible for the transfer, but his dependents fell out of the system sometime in October. In support of his request, the applicant provides his Certificate of Eligibility and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 1 Sep 09 in the grade of senior master sergeant (E-8). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSI makes no recommendation. DPSI states the Secretary of the Air Force is required by law to provide members with information regarding the Post-9/11 GI Bill. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill. Therefore, the Board could find that there was an injustice if the 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 member on active duty since the TEB system allows for correction of the record by Air Force personnel. The DPSI complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted copies of his retirement terminal leave and permissive TDY requests The applicant’s complete submission, with attachments, 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 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 on 31 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 25 August 2010; 1 August 2015, and 1 August 2017, respectively. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02100 in Executive Session on 1 Mar 11, 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 7 Jun 10, w/atchs. Exhibit B. Letter, AFPC/DPSI, dated 4 Oct 10. Exhibit C. Letter, SAF/MRBR, dated 15 Oct 10. Exhibit D. AF Forms 988, dated 1 May 09 and 11 May 09.