RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01532 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he transferred his entitlement to educational benefits under the Post-9/11 GI Bill to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his retirement, he applied for eligibility for Post- 9/11 GI Bill benefits and received a Certificate of Eligibility. He subsequently went online and filled in his family members and the amount of his benefit he wanted transferred. He recently attempted to double check his information, but the system does not show his benefits were transferred. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served on active duty from 16 Apr 84 though 30 Apr 10. On 1 May 10, he was retired for length of service in the grade of master sergeant (E-7) and was credited with 26 years and 15 days of total active service. 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 recommends denial, indicating there is no evidence of an error or injustice. The applicant does not claim that he was incorrectly counseled, nor does he claim he was not aware that he needed to make the transfer of benefits while he was on active duty. He only indicates that he was advised by the Department of Veterans Affairs (DVA) to request a correction to his records to add his children to his transfer of benefits. The applicant had adequate time, opportunity, and access to information about the transfer process between the time he received his Post-9/11 GI Bill Certificate of Eligibility and his 1 May 10 retirement date. The fact the member did not take any action to ensure the request to transfer benefits was properly submitted is not an error or injustice on the part of the Air Force. 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 the applicant on 24 Jun 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 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. 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 issues 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 the APPLICANT be corrected to show that the transfer of Post-9/11 GI Bill Educational Benefits will be executed in accordance with his expressed preferences contingent upon the completion of the necessary paperwork within 30 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01532 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 22 Apr 11. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 25 May 11. Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.