RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03994 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he transferred his Post-9/11 GI Bill educational benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He retired effective 1 Sep 09. He was stationed overseas prior to his retirement. He returned to the United States to out- process and commenced terminal leave in May 09. Because he had out processed and turned in his common access card (CAC), he was unable to access a government computer to transfer his benefits. He asked about the transfer of benefits both during his attendance at the transition assistance program and during his final out-processing, but was told the information was not yet available due to the newness of the program. In support of his request, the applicant provides a copy of his correspondence to the Department of Veterans Affairs (DVA) related to the matter under review. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he was retired for length of service in the grade of master sergeant (E-7), effective 1 Sep 09. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibits C. ________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA indicates that both the Department of Defense (DoD) and Department of Veterans Affairs (DVA) widely publicized the Post- 9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of education benefits (TEB). The website was operational on 27 Jun 09 for the purpose of accepting transfer of benefits applications. The published guidance at the time indicated the transfer must be made while the member is serving in the Armed Forces. The Air Force, in implementing its guidance, developed a comprehensive communication plan which included the use of internal media, internal communication tools, and external trade publications. There were various news articles about the program; most noted the requirement to be on duty on the 1 Aug 09 effective date to be eligible to transfer benefits. Notably, since 1 Aug 09, the Air Force approved over 40,000 transferability applications. Notwithstanding the above, the Board could find there was an injustice if a member was on active duty on 1 Aug 09, but did not receive counseling about the need to execute the TEB while serving in the Armed Forces and did not have ready access to published DoD and Air Force guidance at the time their terminal leave began. A complete copy of the AF/A1PA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends he exercised due diligence when he repeatedly inquired about the tenets of the program, beginning as early as a year prior to his retirement; but, because the program was so new, he was unable to get correct information. He feels he is being unfairly denied benefits that he has earned because of the newness of the program and the lack of knowledge of those responsible for implementing it. Additionally, because he was stationed in an overseas embassy for the last two and one-half years of his career, he was at a disadvantage when compared to his contemporaries with respect to receiving the most current information regarding this important program. Had he known better, he would have made the transfer of benefits while he was still on active duty. A complete copy of the applicant’s 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. 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 his 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 the APPLICANT be corrected to show that on 31 August 2009 he elected to transfer his Post 9/11 GI Bill Educational Benefits to his spouse, step-daughter, and son, effective 1 September 2009. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03994 in Executive Session on 29 Jul 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 18 Oct 10, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 8 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 25 Mar 11. Exhibit E. Letter, Applicant, dated 20 Apr 11.