RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04133 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: He made many attempts while he was on active duty to obtain information on the transfer of educational benefits. He was never counseled properly by military professionals and was given limited information that did not address ways to transfer educational benefits. During his tour in Germany, he researched information on the projected Post-9/11 GI Bill but information was limited. He asked counselors at the Ramstein Education Office for information about the program. He also kept abreast of information concerning the new GI Bill by reading the Air Force Times and looking at American Forces Network (AFN-American Television in Germany). In Jun 09, he received his retirement orders and started out- processing, which included gathering information concerning the transferability of the Post-9/11 GI Bill educational benefits to his dependents. He had his degree and wanted to use the Bill to benefit his family. He took several steps to gather information on transferring educational benefits to the Post-9/11 GI Bill. -In Apr 09, he attended mandatory pre-separation counseling. He was told information for the Post-9/11 GI Bill was forthcoming. -From 21-23 Apr 09, he voluntarily attended the Transition Assistance Program (TAP). There was limited information about the Post-9/11 GI Bill and even less on transferring educational benefits. -In May 09, he extended his stay in Germany due to undermanning in his shop. -In Early Jun 09, he requested updated information from the Education Office, and was given “The Post-9/11 Veterans Educational Assistance Act of 2008” Pamphlet. The pamphlet discussed the transfer of benefits, but failed to indicate that the service member had to transfer benefits while on active duty. -During out-processing, he asked several times for information on how to transfer benefits, but was given limited information. Nowhere in preparing forms such as the DD Form 214, Certificate of Release or Discharge from Active Duty, was his preference for the Post-9/11 GI Bill asked or any information regarding the transfer of benefits relayed by out-processing experts. -At the end of Jul 09, he had to turn in his military identification (ID) card into the Pass and ID office. This was a crucial step, because he unknowingly also turned in his opportunity to transfer his educational benefits to his wife and dependent children. -On 21 and 22 Oct 09, he and his wife visited Dyess AFB, to get new information regarding the transferability of the GI Bill. He mentioned to the representative that he had a retirement date of 1 Nov 09, and although she gave quite a bit of information, she did not specify anything about accessing the Transfer of Educational Benefits (TEB) and certainly not completing this step while still on active duty. His intent all along was to transfer his benefits mostly because he has already reached his academic goals. In support of his request, the applicant provides a personal statement, copies of his Diploma Letter, his daughter’s resume, DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members, a Post-9/11 Veterans Pamphlet, an Outprocessing Checklist, a Mandatory Documents/Action List, an email, his daughters acceptance letters, and a Timeline. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of senior master sergeant effective 31 Oct 09 after serving 26 years of active duty service. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, 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 SelRes 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 1 Aug 09 through 1 Aug 13. 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 1 Aug 09, no additional service is required. • For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required. • For those individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10, 1 year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, 2 years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after 1 Aug 11, and before 1 Aug 12, 3 years of additional service after approval of transfer are required. _________________________________________________________________ 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. Members may have had the impression that being on active duty or in the 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 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 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 complete DPSI evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 Apr 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 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 for his dependents. 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 October 2009 he elected to transfer his Post 9/11 GI Bill Educational Benefits in accordance with his expressed preferences as indicated in the attached AFPC/DPSIT Memorandum. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-041331 in Executive Session on 4 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 22 Oct 10, w/atchs. Exhibit B. Letter, AFPC/DPSI, dated 4 Mar 11. Exhibit C. Letter, SAF/MRBR, dated 1 Apr 11.