RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01868 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be authorized to transfer his Post 9/11 GI Bill Education Benefits to his spouse. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not know he could list all of his dependents for the Post 9/11 GI Bill Transferability Education Benefit (TEB) Program. He needs to list his spouse for the program. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air National Guard and was assigned to the Retired Reserve on 13 Sep 09. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Force on the date of election, and agrees to serve 4 additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. For active duty credit IAW Public Law 100-252, § 3301, “In the case of members of the reserve component of the Armed Forces, service on active duty under the call or order to active duty under § 668, 12301(a), 12301(d), 12301(g), 12302, or 12304.” However, Reservists must have served on active duty 90 days or more (aggregate) beginning on or after 11 Sep 01 to qualify for Post 9/11 GI Bill TEB. The applicant performed active duty service under Section 12302, Title 10 from 26 Nov 01 through 25 Nov 02 (12 months), and from 19 Apr 04 through 30 Sep 04 (5 months and 12 days). DTM 09-003, paragraph 3(a)(3)(b) states “For those individuals who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service is required.” The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends approval. NGB/RSR contacted the Retention Office Manager (ROM) of the applicant’s former wing to obtain additional information. The ROM stated that when the Post 9/11 GI Bill Program first became effective, there was a lot of confusion about the transfer of benefits requirements. Many unit members were in the process of retiring or on terminal leave during this time frame, and were under the impression they could add dependents to receive benefits at any time. By the time it was clear dependents not listed to receive benefits were ineligible after the service member separated, many members had retired and unfortunately missed the opportunity to include all eligible family members in their TEB request. The complete NGB/A1Y evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Aug 12 for review and comment within 30 days. As of this date, no response has been received by this office (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. The applicant is requesting that his records be changed to reflect that he is authorized to transfer his Post 9/11 GI Bill Educational Benefits to his spouse. We note the recommendation from NGB/A1PS to approve the applicant’s request. After a thorough review of the evidence of record and the applicant’s submission, we believe a preponderance of the evidence supports corrective action. Therefore, we recommend his records be corrected as indicate 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 12 September 2009, he included his spouse as an eligible beneficiary when he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01868 in Executive Session on 8 Jan 13, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-01868 was considered: Exhibit A. DD Form 149, dated 29 Apr 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 6 Aug 12, w/atch. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12. Panel Chair X