RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02845 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not briefed about this benefit at any time during his out processing for retirement. In support of his request, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 17 October 1985. On 31 October 2009, the applicant was relieved from active duty and on 1 November 2009, the applicant retired in the grade of master sergeant under the provisions of AFI 36-3203 (Voluntary Retirement Sufficient Service for Retirement). He served 24 years and 14 days of active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states that members have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 August 2009, was sufficient to “vest” them with the right to transfer benefits at some time in the future. Had those members sought clarification from an education counselor, read the DoD or Air Force guidance that was very clear on that point, or had taken other measures to make timely decisions before their separation or retirement, they could have initiated a timely transfer of benefits. The applicant was given adequate information and failed to follow through with the requirement to transfer benefits while on active duty. The complete DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 16 September 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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. While the majority of the Board notes 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 fully aware of the steps necessary to transfer his benefits to his dependents. In addition, the majority of the Board finds the evidence sufficient to give him the benefit of doubt in this matter as it does not appear reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, the majority of the Board elects to resolve any doubt in this matter in behalf of the applicant and recommends the records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that on 30 October 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02845 in Executive Session on 21 May 2012, under the provisions of AFI 36-2603: By a majority vote, the Board recommended approval of the application. voted to deny the applicant’s request but does not desire to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 July 2011, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 29 August 2011. Exhibit C. Letter, SAF/MRBR, dated 16 September 2011. Panel Chair