RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05598 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He was on terminal leave at the time the Post-9/11 GI Bill transfer benefit was announced. He applied for the benefit; however, his eligibility was not approved until after his retirement date of 1 September 2009. In support of the appeal, the applicant submits his certificate of eligibility. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 1 September 2009 in the grade of lieutenant colonel. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. Any member of the Armed Forces who, on or after 1 August 2009, who is eligible for the Post- 9/11 GI Bill, has at least 6 years of service on the date of election my transfer unused Post-9/11 benefits to their dependents. Service Secretary’s were required, as of 22 June 2009, to provide and document counseling regarding these benefits. The Air Force issued AFGMI on 23 July 2009, which required pre-separation counseling be documented on DD Form 2648. However, the Air Force did not seek out members who were already on terminal leave, or had already completed separation counseling. The Air Force developed a communication plan that used the Air Force Personnel Commander and the Education and Training Sections at each installation to serve as spoke persons to communicate the Post-9/11 GI Bill transfer program. There were various articles regarding the requirement to be on active duty on 1 August 2009 to be eligible for this benefit. Since 1 August 2009, the Air Force has approved 50,000 transferability applications. The applicant did not provide adequate justification. He applied for the Post-9/11 GI Bill but did not initiate a transfer of that benefit through the Defense Manpower Data Center (DMDC) website. There is also no record of the transfer in the member’s records. If the Board finds there was an injustice to the extent that he did not receive adequate pre- separation counseling as required, and was not personally notified about the need to transfer the benefit while serving in the Armed Forces, the Board may approve the request. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant appreciates the opportunity to respond to the Air Force advisory and points out that he could not transfer his benefits via the DMDC website until he established his eligibility through the Veterans Affairs. His eligibility was not confirmed until 13 November 2009, well after his retirement date making it impossible for him to transfer his benefits while on active duty. The applicant’s complete response, with attachments, is at 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 error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded that relief is warranted. In this respect, we note the applicant has provided documentation substantiating he applied for his eligibility through the VA and then initiated the Transfer of Education Benefits (TEB) request for his dependents. Given the circumstance that his eligibility request was not approved until after his retirement and the fact that he did take affirmative action to transfer his educational benefits, we find a sufficient basis to conclude that he has been the victim of an injustice and therefore, 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 issues 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 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05598 in Executive Session on 24 September 2013, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Nov 12, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 12 Dec 12. Exhibit C. Letter, SAF/MRBR, dated 11 Jan 13. Exhibit D. Letter, Applicant’s Response, dated 4 Feb 13, w/atchs.