RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02419 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 was on terminal leave from 29 Jun - 30 Sep 09, and was never contacted about transferring his benefits to a dependent. He was unaware of the transferability to dependent option when he retired on 1 Oct 09. He attended a Senior Transition Assistant Program (TAP) class in Jan 09, and an Executive TAP class in Mar 09, and in both instances the subject of transferability of educational benefits was glossed over as a remote possibility; and the timing of the enactment of the overall Post 9/11 GI Bill was addressed with uncertainty. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, Retirement Orders, and Permissive Temporary Duty (TDY) and Terminal Leave Request/Authorization Forms. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of colonel effective 1 Oct 09 after serving 30 years, 2 months, and 15 days of active duty service. Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT reviewed this case and states the applicant should be allowed to sign up for the Transfer of Benefits and be allowed to transfer those benefits to his dependents. DPSI states this is one of many unfortunate cases of individuals during this time frame (1 Jun 09 – 1 Oct 10) where the information available to members was sometimes lacking. The fact that the Department of Veterans Affairs (DVA) website was not very user friendly, and the Air Force’s website for transfer of benefits was not up and running until 1 Aug 09; a lot of misinformation was passed around during and before this period. The complete DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 Jul 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. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt it’s rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. We note the Air Force, through various means attempted to inform eligible personnel of this new benefit; however, it appears through no fault of the applicant he was not timely made aware of the steps necessary to transfer his benefits to his dependents. In view of this, and noting the applicant was otherwise eligible, we recommend his records be corrected to the extent 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 the Board's 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 APPLICANT, be corrected to show that on 30 September 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02419 in Executive Session on 12 Sep 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 23 Jun 11, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 18 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11.