RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01168 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his daughter. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He retired during the eligibility period to transfer but because the program was so new, he was not given a GI Bill briefing during his out-processing to make the proper elections. 2. He returned from a one year permanent change of station (PCS) move in the combat zone and had one week to out-process. He thought he was eligible until he attempted to do the paperwork necessary to get his daughter enrolled in a local college and found out he was not eligible to transfer. 3. He contacted HQ AFPC and was told to request a correction to his military record in order to transfer his benefits. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; checklists, DD Form 2648, Pre-separation Counseling Checklist for Active Component Service Members; Request for Travel to Separation Processing Base, AF Form 899, Request and Authorization for Permanent Change of Station – Military; DD Form 1351-2, Travel or Subvoucher; Certification of Survivor Benefit Plan (SBP) Briefing, Financial Services Office (FSO) Separation Briefing, AF Form 594, Application and Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) or Dependency Redetermination; DD Form 2656, Data for Payment of Retired Personnel; Special Orders, and PCS Arrival Worksheet. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 October 2009, the applicant retired in the grade of colonel after serving 26 years, 6 months and 22 days on active duty. 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 a specified additional • period 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: HQ USAF/A1PA states if the Board finds there was an injustice to the extent that the applicant did not receive adequate pre- separation counseling, as required by law and DoD regulation, and was not personally notified about the need to transfer benefits while serving in the Armed Forces, DoD has provided the Air Force with the technical/operational capability to execute the transfer without the need for the Board to return the member to active service. A1PA states the Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Section at each installation to serve as spokespersons to communicate the Post- 9/11 GI Bill transfer-to-dependent program using internal media, internal communication tools, and external trade publications. There were various news articles about the Post-9/11 GI Bill to be eligible to transfer benefits. Some articles mentioned that service members on active duty or in the SelRes could transfer benefits. Notably, since 1 August 2009, the Air Force approved over 41,000 transferability applications. A1PA states the Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website system was operational on 27 June 2009 for the purpose of accepting transfer of benefits applications. The Directive Type Memo (DTM) and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 August 2009, the effective date of the Post-9/11 GI Bill. A1PA notes the Board could find that there was an injustice if the members were on active duty on 1 August 2009, 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 August 2009 and there would be no need to place the service member on active duty since the Transfer of Educational Benefits (TEB) system allows for correction of the record by Air Force personnel. The complete A1PA evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 13 May 2011 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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 he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependent, effective 30 September 2009. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2011- 01168 in Executive Session on 29 July 2011, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 March 2011, w/atchs. Exhibit B. HQ USAF/A1PA, Letter, dated 4 May 2011. Exhibit C. SAF/MRBR, Letter, dated 13 May 2011. Panel Chair