RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04334 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer all or part of his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He retired in late Sep 09, roughly two months after the Post- 9/11 GI Bill was introduced. The base education office put the word out to educate the base populace; however, what was “not” made explicitly clear was that he had to execute the transfer of Post-9/11 GI Bill education benefits while on active duty. 2. He out-processed the education office upon retirement, but still was unaware he had to transfer his Post-9/11 benefits while on active duty. He did not ask the staff because he figured he could transfer his benefits when the time called for it, and they did not advise otherwise. 3. He found out he could not transfer his Post-9/11 GI Bill benefits when he tried to sign his daughter up for community college. He was told by the education office he could not transfer his GI Bill benefits because he was retired. 4. He felt outraged and betrayed because there was “no” exact explicit language within any briefing or conversation with education counselors that he recalls that stated or advised he had to transfer this benefit before he retired. 5. He did not sign away his right to not let his family have this benefit, the Air Force did. Had he known that he needed to transfer the Post-9/11 GI Bill while on active duty, there would be no question that he would have done so. In support of his request, the applicant provides a copy of an article from the Air Force Times newspaper. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Oct 09, the applicant retired in the grade of master sergeant after serving 20 years and 3 days on active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. DPSIT states if the Board finds there was an injustice to the extent the member did not receive adequate pre-separation counseling, as required by law and Department of Defense (DoD) regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, then approval is in order. DPSIT states members may have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 Aug 09, was sufficient to “vest” them with the right to transfer benefits at sometime in the future. Had those members sought clarification from an educational counselor, read the DoD or Air Force guidance that was very clear on that point, or take other measures to make timely decisions before their separation or retirement, they could have initiated a timely transfer of benefits. DPSIT states there are several inconsistencies in the applicant’s remarks about “not” being briefed about the Post- 9/11 GI Bill. After a call to Seymour-Johnson Air Force Base, and talking to the Chief, Education and Training, Ms. S, who was in charge during this period. She stated that they gave multiple briefings in the base theater, commander’s call, at individual squadron requests they also have a video and provided briefings to deployed personnel. Education counselors were well versed in the process. With the use of Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill, dated 22 Jun 09, this guidance was provided to the field to brief personnel. The applicant states “though the base education office put out the word to educate the base populace, what was “not” made explicitly clear was that I had to execute the transfer of the Post-9/11 GI Bill education benefit to my spouse and/or children while I was still on active duty.” If the applicant was “unclear” about how to transfer benefits he should have contacted the education office to get clarity. The applicant states “I out-processed the education office upon retirement, but still did not know that I had to transfer my Post-9/11 GI Bill while still on active duty.” Again, a second time that the applicant could have received the information and failed to ask. The applicant states “I did not ask the staff because I figured I could do it when the time was called for, and they did not advise me otherwise.” A third time the applicant failed to ask an “important” question for such an “important benefit.” When the applicant decided that he indeed wanted the benefit it was too late. Because he states, “there was no exact-no explicit language within any briefing or conversation with education counselors that I recall, that stated or advised that I had to transfer this benefit before I retire.” The fact that the applicant on his DD Form 2648, Pre-Separation Counseling Checklist checked “NO” in section IV, to every block on the checklist stating that he did not want counseling for the following services and benefits. “These services and benefits are available to all service members, unless otherwise specified.” One of those items (#13) Education/Training, (a) Education benefits (Montgomery GI Bill, Veterans Educational Assistance Program, Vietnam-era, etc) was checked “NO.” The date the checklist was done was 23 Jul 09. There were ample “opportunities” for the applicant to “ask” about the benefit but he chose/failed to gain instructions of how to transfer benefits. The applicant states “I did not sign away my right to not let my family have this benefit, the Air Force did.” The applicant did “sign away” his right to transfer benefits to his dependents, by failing to take action when given several opportunities to do so. A failure to not act by the applicant is not a reason for the Air Force to grant the transfer of benefits. The complete DPSIT 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 16 Dec 11 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a 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 Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears the applicant was not aware of the steps necessary to transfer his benefits to his dependents. We also do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we find the applicant’s account of events sufficient to establish doubt that he was properly counseled on the requirements necessary to transfer his benefits. As such, we elect to resolve such doubt in this matter in behalf of the applicant and recommend the 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 September 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2011- 04334 in Executive Session on 4 Jul 12, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Oct 11, w/atch. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIT, Letter, dated 9 Dec 11. Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11.