RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03998 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: When he inquired about transferring his Post 9/11 benefits to his dependents he was misinformed. In support of his appeal, the applicant provides copies of documents extracted from his military personnel records. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Nov 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 Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial, indicating that in accordance with the provisions of Title 38, United States Code (USC), an individual my only transfer their entitlement while serving as a member of the armed forces when the transfer is executed. Every effort was made to make sure that every eligible service member understood the process for transferring benefits. The Department of Veterans Affairs (DVA) itself did not have its final rules published until 31 Mar 09. While the rules and regulations were being formulated, DoD and the services were busy trying to build an infrastructure that could transmit the transfer of benefit data between DoD and the DVA. In the haste to implement the transfer of benefits, there was a lot of information that was misrepresented. While there was information that was misrepresented Many were lead to believe that in order to transfer education benefits to a dependent they only needed to be serving on active duty on 1 Aug 09. Therefore, individuals planned and adjusted their retirement date so they were on active duty on 1 Aug 09. As the effective date of the program got closer, the “rules of engagement” became more clear; and it has become evident the information was not provided to everyone. The complete AFRC/A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was not provided the necessary information regarding the transfer of benefits to a dependent prior to his retirement. Westover ARB did not receive the information regarding the transfer of benefits to dependents until 29 Oct 09. The applicant’s complete 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 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 on 31 October 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03998 in Executive Session on 25 Aug 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 19 Oct 10, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, HQ AFRC/A1K, dated 15 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 11 Mar 11. Exhibit E. Letter, Applicant, dated 22 Mar 11.