RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01533 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill educational benefits to his son. _________________________________________________________________ APPLICANT CONTENDS THAT: When he initiated the transfer of education benefits (TEB) there was a significant amount of confusion and challenges with the electronic implementation. At the time he applied for the TEB, he was preparing to deploy and tried to confirm the transfer of benefits and retirement plans. It was recommended to sign up for the transfer and wait to see what the requirements would later entail. He identified both his sons in the transfer, but he named his youngest son as the recipient of the benefits since his older son was planning on graduating in the spring of 2011. He contacted AFPC to see where his transfer stood only to find out they did not receive his validation; therefore, the paperwork was not in effect. He wanted to add his oldest son as a beneficiary of the education benefits, but was informed that he would have to remain on active duty from the date of approval/acceptance of the transfer. He contacted the colonel’s group to request a 4 month extension and was approved. All paperwork was completed and approved on or about 13 Apr 10. The transfer status date was 29 Apr 10. In Sep 10, he resubmitted his request to retire to be effective 1 May 11. He contacted AFPC trying to resolve the TEB issue for his oldest son; however, it was suggested he request a correction of records. The only rationale provided as to why his oldest son was not eligible for the TEB was due to him turning 23 years of age prior to the completion of the paperwork being accomplished. In support of his request, the applicant provides a copy of his TEB approval package and a copy of his son’s transcript. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 1 May 11 in the grade of colonel (0-6) from the Regular Air Force. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial. A1PA states they were unable to verify the applicant’s initial transfer of benefits because there is no record in the database. The database reflects the applicant was approved to transfer 35 months to his youngest son and 1 month to his spouse. The process did not allow the applicant to complete the transfer to his oldest son because he was no longer eligible to receive TEB as he reached his 23rd birthday on 17 Mar 10. It is unfortunate that the applicant did not ensure his attempted transfer in Oct 09 was completed. However, based on his own statement, even if he had been successful and the application had been approved, he intentionally did not include his oldest son in his initial transfer attempt. He did not complete the transfer application until his son had turned 23 years of age. In addition, it should be noted the applicant transferred all remaining benefits to his eligible dependents. The HQ USAF/A1PA complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating that it was his understanding the transfer to dependents was only available for undergraduate degrees and his oldest son was finishing his bachelor’s degree in the summer of 2011. If he had been approved for a 1 Jan 11 retirement, his oldest son would graduate before he could use any of the Post 9/11 benefits. He understood that the months applied to each transferee could be changed at any time. He asks the Board to consider that understanding the elements of a newly implemented DoD/VA program, preparing for deployment to Iraq, the normal operational pace of Air Staff workload, plus submitting a retirement request created a ”fog of war” that influenced priorities…deployment was his number 1 priority. As A1PA stated if the Board’s decision is to grant relief sought, it will be based upon the misunderstanding of counseling as well as potential mis-counseling about program elements to include dependent age limitations associated with transfer. He respectfully requests this matter be corrected in this forum now; rather than pursuing a congressional with Senator Orrin Hatch. The applicant’s complete submission is at 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. After reviewing the documentation submitted, we find it reasonable the applicant may have been miscounseled regarding the requirements necessary to transfer his GI Bill benefits. Despite the efforts of the Air Force to make personnel aware of this program during its inception, we are aware that there were problems with the dissemination of information. Consequently, the applicant has established reasonable doubt as to whether he was miscounseled. We elect to resolve such doubt in favor of the applicant. Therefore, we recommend his 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 16 March 2010, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01533 in Executive Session on 10 Nov 11, under the provisions of AFI 36-3003: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs. Exhibit B. Letter, HQ USAF/A1PA, dated 8 Jun 11. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11. Exhibit D. Letter, Applicant, 12 Jul 11.