RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02825 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: The base that he was assigned to prior to retiring was closing and it was not explained to him that he needed to transfer his education benefits prior to retiring. The applicant’s complete submission is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: According to the Military Personal Data System (MilPDS), on 29 Jul 88, the applicant enlisted in the Regular Air Force. According to the DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, on 9 Apr 98, the applicant enlisted in the Air National Guard (ANG). Any service member who served at least 90 aggregate days on active duty after 10 Sep 01, or were honorably discharged from active duty for a service-connected disability after serving 30 continuous days following 10 Sep 01 is eligible for the Post- 9/11 GI Bill benefits. Eligibility includes active service as a National Guard member under Title 32 U.S.C. for the purpose of organizing, administering, recruiting, instructing, or training and active service under section 502(f) of Title 32 for the purpose of responding to a national emergency. According to the MilPDS, from 29 Jul 01 through 28 Jul 08, the applicant served 394 days of total active duty service during this period. According to the DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant served on active duty from 27 Feb 03 to 30 Jan 04 in support of Operation Noble Eagle. On 29 Sep 11, the applicant retired from the ANG and was transferred to the Reserve Retired List, effective 30 Sep 11. He was credited with 23 years, 2 months and 1 day of total service. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. For individuals eligible for retirement on 1 Aug 09, such as the applicant, no additional service is required. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial, indicating there is no record or documentation showing the applicant transferred his Post-9/11 GI Bill benefits prior to his retirement. The applicant has qualifying service for the Post-9/11 benefits and meets all other eligibility criteria to transfer the benefit to his dependent. The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09 by virtue of the passage of PL No. 110-252, which was signed by the President on 30 Jun 08. PL No. 110-252, section 3319(f)(1) states in part, that “an individual 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.” On 22 Jun 09 (reissued 14 Sep 11), DoD published its DTM 09-003 – Post- 9/11 GI Bill. Both of these documents established policy for authorizing the transferability of education benefits. The ANG implemented a communication plan, using Retention Office Managers (ROM) at each wing, to serve as spokesperson. The ROM would brief information to unit members, on the Post-9/11 GI Bill and Transfer of Educational Benefits (TEB) using internal media, internal communication tools, and external publications. The Retention Office Manager (ROM) for the applicant’s former unit retired. The current ROM checked past records and did not find any documentation stating the applicant was briefed on Post 9/11 GI Bill Transfer of Education Benefits. A complete copy of the NGB/A1 evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides a two-paged typed statement reiterating that it was not explained to him that he needed to transfer his benefit prior to retiring. He states that if it was made clear to him, he would have done so prior to retiring. He only did what was explained to him at the time of preparing for his retirement and transferring this benefit to his children was the one thing he thought he was going to be able to give to his children (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 error or injustice. We note the Air Force Office of Primary Responsibility (OPR) indicates the applicant has not provided sufficient documentation that shows he transferred his Post-9/11 GI Bill benefits prior to his retirement. However, after carefully reviewing the evidence in this case it appears that through no fault of the applicant, he was not timely made aware of his eligibility and steps necessary to transfer his benefits to his dependents. In this respect, we note the applicant was eligible and could have transferred his benefits on 1 Aug 09 without incurring an active duty service commitment. As such, we do not find it reasonable that he would have knowingly elected not to take the necessary actions in order to qualify for this entitlement. In view of the foregoing, coupled with the fact the OPR indicated that a review of their records did not substantiate that the applicant was briefed on TEB, we find it is more likely than not the applicant did not receive the proper counseling and in the interest of justice recommend the applicant's 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 2 Aug 09, he elected to transfer his Post-9/11 GI Bill benefits to his eligible dependents. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2014-02825 in Executive Session on 11 May 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Jul 14, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, NGB/A1Y, dated 29 Sep 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 20 Oct 14. Exhibit E. Letter, Applicant, dated 14 Nov 14, w/atch.