RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02648 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: While attempting to apply for benefits on-line, the Defense Manpower Data Center (DMDC) website indicated that he may not be eligible to transfer benefits. After inquiring further, he was told that he had to be on active duty in order to transfer his benefits. He was not briefed regarding the transferability prior to his retirement. The only mandatory briefing he had to attend was the Survivor Benefits Program (SBP) briefing. He understood that he would have the option of either plan as well as having the option to transfer his benefits to his dependents at any time. He was never given any restrictions or deadlines to transfer entitlements prior to retiring and he feels he should be afforded the opportunity to transfer the education benefits to his dependents. He has always intended on transferring the education benefits to his dependents. The applicant does not provide any supporting documentation. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 31 Jan 10 in the grade of master sergeant. The Post-9/11 GI Bill was widely publicized along with the transferability feature. To be eligible, a member must have been on active duty on or after 1 Aug 09 and agree to serve a prescribed term of service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The Post 9/11 Educational Assistance referred to as the authority to transfer unused education benefits to family members was used to promote recruitment and retention of members of the Armed Forces. The member was ineligible to apply for the Post-9/11 GI Bill transfer of benefits to dependents because he had an approved retirement in Jun 09. DPSIT further states that all members separating/retiring from the Air Force are given a mandatory briefing through the Airman and Family Readiness Support Center, Transition Assistance Program (TAP). The AFPC/DPSIT complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 1. The AFPC/DPSIT evaluation statement, “The fact that member was ineligible to apply for the Post 9/11 GI bill transfer of dependents because member had an approved retirement in June 09” is misleading as he cannot find any factual information stating he was ineligible. If the fact that he had an approved retirement made him ineligible, why was he not notified? What “fact” regarding his ineligibility is in writing? He researched USC 38 and Public Law 110-252 and looked for original legislation and amendments, but could not find anything that stated ineligibility due to an approved retirement prior to Aug 09. He has documentation that states eligibility if member “Is or becomes retirement eligible during the period from Aug 1, 2009 through Aug 1, 2013”. 2. He was retirement eligible after serving 20 years on 6 Oct 08; however, he actually retired on 31 Jan 10. He attended the TAP at his base on 18 Mar 09 where he received information regarding the Post-9/11 GI Bill that was vague, plus the staff did not offer any information regarding the eligibility to transfer the benefit. 3. When he asked the Veterans Affairs (VA) representative whether he would be eligible for both the traditional Montgomery GI Bill and the Post-9/11 GI Bill, he was told that he would be eligible for both. When he asked about the possibility of transferring the benefit he was told that information would be forthcoming. He did not receive any further information and assumed he would be eligible to use either plan and have the option to transfer whenever he wanted to. He has not found any information that would have allowed him to adjust his retirement date in order to transfer, nor was any information available that stated he had to transfer benefits while still on active duty. 4. The fact that he was not offered a choice is his biggest concern. Had he known what choices were available and what his eligibility status was prior to his retirement effective date, he would have exercised his right to transfer this valuable benefit. _________________________________________________________________ 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. After reviewing the evidence before us, we believe the applicant’s request should be granted. While we note the OPR indicates the applicant was not eligible to apply for the benefit due to having an approved retirement as of 1 June 2009, we note the applicant did not retire until 1 February 2010. We further note that based on having an approved retirement date after 1 August 2009 and before 1 July 2010, the applicant was not required to serve additional time. Although the OPR indicates the applicant received a briefing on the transfer of benefits, we are aware there were problems during the initial implementation of the program and find it reasonable the applicant may not have fully understood the requirements to transfer his benefits. At any rate, we find the evidence submitted sufficient to resolve any doubt in this matter in his behalf. Therefore, we recommend the applicant’s 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 30 January 2010, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02648 in Executive Session on 15 May 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for BC-2011-02648 was considered: Exhibit A. DD Form 149, dated 15 Jul 11. Exhibit B. Letter, AFPC/DPSIT, dated 22 Jul 11. Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11. Exhibit D. Letter, Applicant, undated. Acting Panel Chair