RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04096 COUNSEL: NO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not told that the education benefits needed to be transferred to his dependent prior to retiring. He was not provided any information regarding the transfer; therefore, he is requesting for it to be done now. The applicant does not provide any supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 1 Feb 10 in the grade of master sergeant after serving over 20 years on active duty. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. Post 9/11 GI Bill, Chapter 33, became effective 1 Aug 09 based on Post 9/11 Veteran Education Act of 2008. The Public Law states in part, that “an individual may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.” Articles were published that explained the program benefits and requirements. This communication plan was carefully implemented because there is no provision in the law or DoD policy for a waiver if a member retires without transferring the benefits. The opportunity to transfer is not an entitlement and is in fact intended as a retention tool in exchange for additional service. Every effort was made, even before the program became available, to convey information to eligible members. In this case, the applicant did not transfer his benefits prior to his established retirement date as defined by law. The ARPC/DPTT complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar 12 for review and comment within 30 days. 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 we note the steps the Air Reserve Personnel Center 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 timely made aware of his eligibility and the steps necessary to transfer his benefits to his dependents. In addition we find the applicant’s version of events sufficient to resolve any doubt in his favor and do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the records be corrected as 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 our understanding of the issue 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 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-2011-04096 in Executive Session on 15 May 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for BC-2011-04096 was considered: Exhibit A. DD Form 149, dated 3 Oct 11. Exhibit B. Letter, ARPC/DPTT, dated 7 Feb 12. Exhibit C. Letter, SAF/MRBR, dated 1 Mar 12.