RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00815 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) for transferring his Post 9/11 GI Bill benefits to his dependents be corrected to reflect an expiration date of 24 Jun 11. ________________________________________________________________ APPLICANT CONTENDS THAT: Improper advice from his MPF resulted in extending his ADSC. His military personnel flight (MPF) incorrectly advised him to use the Veterans Administration website to transfer his benefits to his dependents. At that time, the Air Force/DoD did not have the online application to transfer benefits. Based on MPF guidance, he accomplished a VA Form 22-1990, Application for VA Education Benefits, through the Veterans Administration Online Applications (VONAPP) website. He was told this would establish a 24 Jun 11 ADSC. When the Air Force online application later became available, he asked his MPF if he needed to reaccomplish the transfer and was told that he did not have to do so. However, the MPF subsequently informed him that he did indeed have to request the transfer of benefits through the Air Force application. He completed the application on 28 Oct 09, which established a new ADSC of 28 Oct 11. He clearly demonstrated his intent to transfer the benefits to his dependents and incur the appropriate ADSC of 24 Jun 11 on 24 Jun 09. In support of his request, the applicant provides a copy of what appears to be a screen shot of the aforementioned Department of Veterans Affairs (DVA) VONAPP application and correspondence from the DVA related to the matter under review. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving on active duty in the grade of lieutenant colonel (O-5). 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: AF/A1PA recommends denial, indicating there is no evidence of an error or injustice. Based on the applicant’s retirement eligibility, he was required to commit to two additional years of service in order to be eligible to transfer his Post 9/11 GI Bill benefits to his dependent. On 24 Jun 09, he erroneously used the DVA VONAPP to attempt to make the transfer of education benefits to his eligible dependents and believed he would incur an ADSC of 24 Jun 11. He eventually discovered he had not used the correct web-based application, and on 29 Oct 09, applied to transfer benefits in the correct web-based application. In doing so, he electronically signed a Statement of Understanding that committed him to a two year ADSC ending 28 Oct 11. The applicant argues that he demonstrated his intent to transfer benefits on 24 Jun 09, the date he tried to transfer the benefits using VONAPP. However, the VA Certificate of Eligibility the applicant received as a result of his VONAPP application clearly confirms that he alone was entitled to 36 months of Post 9/11 GI Bill benefits. There is absolutely nothing included in the certificate that would lead him to believe he successfully transferred his Post 9/11 GI Bill benefits to his dependents. Additionally, the effective date of the program was 1 Aug 09; therefore, even if the applicant had transferred benefits in the correct system in Jun 09, the earliest date his ADSC would expire would be 31 Jul 11. A complete copy of the AF/A1PA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 29 Apr 11 for review and comment within 30 days. As of this date, no response has been received by this office (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 an error or injustice. While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of the requirements associated with participating in 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 our view, these initial challenges served to delay the applicant’s action to transfer his benefits, thus preventing him from entering into the required two-year active duty service commitment (ADSC) as early as he could have. We note the applicant contends he intended to transfer his benefits as early as 24 Jun 09; however, we also note the comments by the Air Force office of primary responsibility indicating the earliest the applicant, or anyone else for that matter, could transfer their benefits would be 1 Aug 09. Therefore, we believe that correcting his record to reflect he transferred his benefits on 1 Aug 09, thereby incurring the requisite ADSC on that date, represents full and fitting relief in this case. Therefore, we recommend the applicant’s records be corrected as indicate 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 1 Aug 09, he elected to transfer his Post-9/11 GI Bill benefits to his dependents, thereby incurring a two-year Active Duty Service Commitment (ADSC) with an expiration date of 31 Jul 11. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00815 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 1 Feb 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 15 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11. Panel Chair