RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02734 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent. APPLICANT CONTENDS THAT: He initiated the transfer of his Post-9/11 GI Bill benefits to his daughter while on active duty; however, he was told by the education office that he could complete the process after he retired. Furthermore, he never received a retirement out-processing brief informing him of his benefits and the actions required to complete the TEB transfer. He asks that consideration be made for his 29 years of honorable service and for his daughter's future. His family was counting on the GI Bill benefits to help with her tuition. Without that benefit, tuition and living costs will be out of reach. He would hate to see her college education be derailed because he did not complete the right form at the right time. Considering his length of service and number of points, he believes he earned the benefit and he asks the Board to allow him to transfer the benefit to his daughter as he intended. The Board should find it in the interest of justice to consider his application, because he did not realize the benefit could not be transferred after retirement. He recognizes this error, but asks for consideration to allow any earned educational benefit to be passed to his daughter. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: During the events under review, the applicant was serving in the Air Force Reserve in the grade of lieutenant colonel (O-5). According to a record pull from the Automated Records Management System (ARMS), the applicant’s “Reserve Point Summary” from period 5 Apr 03 to 4 Apr 04, shows that he had over 21 years of Satisfactory Service. On 2 Sep 10, according to a record pull from the ARMS, the applicant signed a Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding. On 7 Jul 12, according to a record pull from the ARMS, the applicant retired from the Air Force Reserve. In accordance with AFI 36-2306, dated 13 Aug 10, Paragraph A9.18.1.4. “a member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732” and Paragraph A9.18.1.4.1. “For those members eligible for retirement on 1 Aug 09, no additional service is required.” Since the applicant had performed qualifying active duty service since 11 Sep 01, he is entitled to Post-9/11 GI Bill benefits in his own right. Since he was serving after the TEB program was established and was eligible for retirement on 1 Aug 09, had he requested the transfer of benefits he would not have incurred a commitment for additional service. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. After reviewing the applicant’s record, it was discovered the applicant did not initiate the transfer of Post-9/11 benefits on the MilConnect website. Doing so would have prompted verification of his eligibility and a direct response from HQ ARPC detailing his need to complete a four year service commitment. In accordance with Public Law 110-252, Sec 3319(b)(1), to be approved to transfer benefits, a member must "... enter into an agreement to serve at least four more years as a member of the uniformed services". DoDI 1341.13 states in Enclosure 3, 3.f.(2)(a)2., "An individual may not add family members after retirement or separation from the Military Services...". The applicant is now retired and is therefore ineligible to transfer the Post-9/11 benefit. If the BCMR feels an injustice has occurred and decides to approve the case, the applicant’s four year service commitment would be waived, and the approval authority would generate and approve a transfer request on behalf of the applicant. A complete copy of the ARPC/DPTT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that the unit education office told him that he had time to complete the process and he was not made aware that the transfer had to be completed before retirement. He understands the public law and procedures regarding the benefits. He recognizes that not completing the process at the time he started has jeopardized his ability to transfer any of his earned educational to his daughter. He cannot adequately convey the sadness and regret of not being able to provide funding for his daughter’s education simply because he did not fill out the right form at the right time. In consideration of his 30 years of honorable service, he asks that any educational benefits he has earned be transferred to his daughter. A copy of the applicant’s rebuttal 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 an injustice. We note the comments of ARPC/DPTT that relief should be denied because he did not transfer his benefits on the MilConnect website and doing so would have required him to provide four additional years of service; however, we disagree. After a thorough review of the evidence of record, the applicant was retirement eligible on 1 Aug 09 and, as such, had he elected to transfer his benefits on 1 Aug 09, he would not have been required to serve any additional years of service. Furthermore, we note that the applicant did in fact sign the Post 9/11 GI Bill SOU and it appears that he had every intention of transferring his benefits, but was never properly informed on the requirements to elect transfer prior to his retirement. Given the applicant could have transferred his benefits without incurring a commitment for additional service and he signed the required SOU, we find the evidence provided sufficient to recommend relief be granted. Therefore, in the interest of justice, we recommend his record be corrected to show that he elected to transfer his benefits on the date he signed the SOU. Accordingly, 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 2 Sep 10, 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-2014-02734 in Executive Session on 11 May 15, under the provisions of AFI 36-2603: A majority of the Board voted to correct the records as recommended. ------ voted to deny relief, but has elected to not submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Jul 14. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT dated 5 Sep 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14. Exhibit E. Applicant’s Rebuttal, dated 5 Nov 14.