RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02704 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-911 GI Bill benefits to her dependent. _________________________________________________________________ APPLICANT CONTENDS THAT: She applied for the Transfer of Education Benefits (TEB) on-line on 12 May 09. A representative from ARPC assisted her in transferring her benefits. The representative indicated that once she applied for the TEB, nothing further needed to be done. On 28 Oct 09, she received approval from the Department of Veterans Affairs (DVA) that approved 26 months and 5 days of TEB. However, when her son filled out and submitted the paperwork, he was denied benefits based on the fact the DVA did not have any evidence that she had accomplished the transfer via the TEB website. After researching the TEB website, she found her dependent was not listed. The DVA informed her that the TEB had to be accomplished prior to her retirement date. She believed all actions that needed to be accomplished were done before as noted by the DVA letter dated 28 Oct 09. She respectfully requests her application be approved. In support of her request, the applicant provides copies of her Department of Veterans Affairs (DVA) letters. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 2 Nov 96 and was progressively promoted to the grade of senior master sergeant (E-8), having assumed that grade effective and with a date of rank of 1 Jan 02. She retired on 31 Jan 11 after serving 22 years and 8 months on active duty. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTTE recommends denial. DPTTE states the program became effective 1 Aug 09. By 1 Jul 09, ARPC had instructions for members available on the Education page of their website. Additionally, numerous articles could be found in any military related publication. The commander sent out an e-mail to every participating Air Force reservists with their process checklist attached. The requirement to transfer the Post 9/11 GI Bill before retirement is part of the retirement application checklist. Therefore, it was incumbent on the member to be sure that time sensitive issues were accomplished prior to the retirement date. The ARPC/DPTTE complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating that ARPC stopped sending her information when she became an Active Guard and Reserve (AGR) in 1996. She received her information from active duty organizations or various other organizations when she solicited such information. She provides her retirement paperwork to include several checklists that do not indicate anything about the TEB. She feels that she made every effort to ensure the transfer took place; however, it did not. Due to APRC providing inaccurate information to her regarding the TEB, she believes that she has been wrongfully denied the ability to transfer her benefits to her son. The applicant’s complete n, with attachments, 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. While we note the Air Reserve Personnel Center’s recommendation, we are inclined to believe the applicant took what she understood to be the appropriate steps to transfer her benefits to her dependents. We are aware that there were problems during the initial implementation of the program allowing members to transfer their benefits. In addition we find no basis to question the applicant's account in this matter and do not find it reasonable she would have deliberately failed to take the necessary actions to transfer her benefits to her dependent. Therefore, we elect to resolve any doubt we might have in this matter in behalf of the applicant and recommend her 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 31 May 09, she elected to transfer her Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02704 in Executive Session on 10 Nov 11, under the provisions of AFI 36-3003: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jul 11, w/atchs. Exhibit B. Letter, HQ ARPC/DPTTE, dated 10 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11. Exhibit D. Letter, Applicant, 6 Sep 11, w/atchs. Panel Chair AFBCMR BC-2011-02704 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 31 May 09, she elected to transfer her Post 9/11 GI Bill Educational Benefits. Director Air Force Review Boards Agency