RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02569 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependents. APPLICANT CONTENDS THAT: Prior to his retirement in Sept 09 he submitted a request online through his personnel office to transfer his Post 9/11-GI Bill Education Benefits to his children. At that time, he was told that the transfer was successfully completed and that each child would receive one third of his benefits. During a routine check of his military records on the e-benefits website and through multiple conversations with the Veterans Affairs (VA) office, ARPC, and the ANG Bureau, he discovered that there was an error in the transfer. The Board should find it in the interest of justice to consider his untimely application because he had not logged onto the e-benefits website to review his retirement data until Nov 13. In addition to his full-time position he has a child with a medical condition, which requires all of his free time. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, showing his eligibility. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: During the events under review, the applicant was serving in the Air Force Air National Guard in the grade of Major (O-4). The applicant has qualifying service for Post 9/11 benefits. He meets all other eligibility criteria to transfer the benefit to his dependent. AFI 36-2306, Attachment 9, Para A9.18.7.1., Time for Transfer, dated 13 Aug 10, states ”A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.” 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. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B. AIR FORCE EVALUATION: NGB/A1Y recommends denial. The applicant’s record in TEB does not reflect that he transferred education benefits to his dependents. The VA, the DoD, and the Military Services widely publicized the Post9/11-GI Bill and the transferability feature. The DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website was operational on 27 Jun 09 for the purpose of accepting transfer of benefits application. The Air National Guard implemented a communication plan, using the Retention Office Managers (ROM) at each Wing to serve as a spokesperson. The ROM would brief information to unit members on the Post 9/ll-GI Bill and TEB benefits, using internal media, internal communication tools, and external trade publications. After contacting the applicant’s former unit, the Retention Office Manager indicated that she does not remember speaking directly with the applicant; however, she has briefed the Post 9/11 GI Bill on several occasions, along with the Vice Wing Commander, Unit Career Advisors, and the Yellow Ribbon Program VA representative. There is no evidence to show that the applicant was given improper guidance. If the BCMR feels an injustice has occurred and decides to approve the case, the records should be corrected to show the member transferred benefits on 1 Sep 09. A complete copy of the NGB/A1Y 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 17 Nov 14 for review and comment within 30 days (Exhibit C). The applicant states, that the OPR is correct in that he was briefed on the Post 9/11-GI Bill and the process to transfer his educational benefits. Therefore, based on the briefings he made several attempts to log into the Post-9/11 GI Bill web system to transfer his benefits in late July and early Aug 09; however, similar to several other in his squadron, he had problems with the website and its ability to accurately reflect information stored in DEERS. Finally, during the week of 10 Aug 09, he called a master sergeant in his personnel office and asked him for assistance. The sergeant helped him find the correct web site and showed him how to enter the information and transfer his benefits. Both he and the sergeant believed they were successful in entering the information and completing the transfer process. In Nov 13 he was in the VA office discussing an unrelated matter when he noticed that his Post 9/11 GI Bill Benefits had not been transferred correctly. He immediately contacted the ANG Bureau and ARPC to determine why they had not been transferred and how to rectify the situation. He understands that it took several years to notice that the transfer process had not been completed correctly; however, to provide an explanation, he and his wife have 5-year old triplets that were born at 26 weeks in Aug 09. Unfortunately, his daughter had some permanent complications and is a special needs child. He spends all of his free time working with her and as a consequence, some things like record keeping and review sometimes don't get the attention they need. He provides this information in hopes that the board will take it into account when considering his request. He would hate for his children to be deprived of a benefit that he worked so hard for, due to a computer glitch. The applicant’s complete response 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. While we note the comments of NGB/A1Y indicating that relief should be denied because there is no record that the applicant transferred his benefits; we believe corrective action is warranted. After a thorough review of the evidence of record and the applicant’s complete submission, it appears that the applicant had every intention of transferring his benefits and tried to do so, but was never properly informed on the requirements to elect transfer prior to separating from the Air Force. Furthermore, given the applicant would not have inquired an additional ADSC obligation to transfer his TEB, we find the evidence provided sufficient to provide relief. Therefore, in the interest of justice, we recommend the applicant's record be corrected as set forth 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 1 Sep 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-02569 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603: The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 May 14 w/atch. Exhibit B. Memorandum, NGB/A1Y dated 27 Aug 14. Exhibit C. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit D. Applicant’s Rebuttal, dated 9 Dec 14.