RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02014 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill education benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not briefed on the transfer of education benefits during his retirement out-processing. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 January 2010. 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 C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or injustice. The applicant was provided adequate information and failed to follow through with the requirement to transfer benefits while on active duty. He had plenty of time from his pre-separation briefing and the time of his retirement to sign up to Post-9/11 benefits to his dependents. His failing to act in a timely manner is not a basis for approval on the part of the Air Force. The Law specifically states that an individual transferring an entitlement to educational assistance under this section shall: (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Furthermore, the law also requires that said transfer take place only while the member is serving as a member of the armed forces when the transfer is executed. Under Title 38 United States Code (USC), Chapter 33, service members are allowed to transfer unused educational benefits to their dependent spouses and children. Any member of the Armed Forces, active duty or Selected Reserves, officer, or enlisted, on or after 1 August 2009, who is eligible for the Post-9/11 GI bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period of duty in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Sections at each installation to serve as spokespersons to communicate the Post-9/11 GI Bill transfer-to- dependent program using internal media, internal communication tools, and external trade publications. There were various news articles about the Post-9/11 GI Bill; most noted the requirement to be on duty on the 1 August 2009 effective date of the Post- 9/11 GI Bill to be eligible to transfer benefits. Some articles mentioned that service members on active duty or in the selected reserve could transfer benefits. The Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website system was operational on 27 June 2009 for the purpose of accepting transfer of benefits applications. The Directive Type Memo (DTM) and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 August 2009, the effective date of the Post-9/11 GI Bill. The complete AFPC/DPSIT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 19 June 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). _________________________________________________________________ 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 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 timely made aware of his eligibility and the steps necessary to transfer his education benefits to his dependents. As such, we find the applicant’s account of events credible and believe them sufficient to resolve any doubt in this matter in the applicant’s favor and do not find it reasonable to conclude 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. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he elected to transfer his Post-9/11 GI Bill Educational Benefits on 31 December 2009. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02014 in Executive Session on 11 February 2013, under the provisions of AFI 36-2603: Acting 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 1 May 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 29 May 2012, w/atch. Exhibit C. Letter, SAF/MRBR, dated 19 June 2012. Acting Panel Chair