RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04962 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: On 19 May 09, he received an approved retirement date of 1 Feb 10. At the time, the rules for transferability were gray and he was never briefed on the rules and the need to transfer prior to retirement. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from active duty, effective 1 Feb 10, in the grade of chief master sergeant (E-9). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating the applicant was approved for retirement on 19 May 09, nearly three full months prior to the start of the program on 1 Aug 09. The applicant has not provided any evidence that he was never briefed of the need to transfer his benefits while on active duty. His DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members was completed in 2008 [sic], nearly a full year prior to the standup of the program. The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. Any member of the Armed Forces who, on or after 1 August 2009, is eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. Service Secretaries were required, as of 22 Jun 09, to provide and document individual pre-separation or release from active duty counseling regarding these benefits. The Air Force issued AFGMI on 23 Jul 09, which required pre-separation counseling be documented on DD Form 2648. DoD developed a special website to facilitate the transfer of educational benefits. On 27 Jun 09, the website was operational for the purpose of accepting transfer of benefits applications. Both the DTM and AFI 36-2306 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 Aug 09, the effective date of the Post-9/11 GI Bill. Based on the facts provided, the applicant did not provide adequate documentation to justify an error or injustice. He received pre-separation counseling and indicated on his pre- separation, DD Form 2648, that he did want counseling for educational benefits prior to his retirement. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: AFPC/DPSIT stated that his DD Form 2648 was completed in 2008; however, that is a mistake, it was completed in Aug 09. All references they used for explaining when and how he should have been informed are dated Aug 09, the same time he was actually receiving separation briefings. His retirement was approved in May 09, three full months prior to the Air Force implementing its guidance and communication plan. Also, in spite of his DD Form 2648 indicating he received Education/Training briefings, he received his transition counseling at Misawa AB, Japan where one-third of the counselors were brought in from other bases and the remaining were newly assigned and/or hired positions. That, coupled with the newly implemented policy, resulted in him not being fully informed. Lastly, the advisory opinion implies that he was properly briefed because he has shown no proof of not receiving this information and his DD Form 2648 shows he received an Education/Training briefing; however, there is no proof that he received specific information about the transferability of his benefits. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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 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 no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we 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 on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependent. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04962 in Executive Session on 12 Aug 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 was considered: Exhibit A. DD Form 149, dated 18 Oct 12, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 30 Oct 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12. Exhibit E. Letter, Applicant, dated 21 Nov 12.