RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04003 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His eligibility to transfer Post-9/11 GI Bill education benefits be approved In Accordance With (IAW) AFI 36-2603, The Air Force Education Services Program. APPLICANT CONTENDS THAT: He began post-deployment leave approximately 10 Jul 09. Upon resuming duties at his current duty location, he out-processed for retirement beginning terminal leave on 17 Sep 09. Since the Post-9/11 GI Bill transfer program was in the introductory stages, he was not briefed on the requirement to have approved Transfer of Education Benefits (TEB) prior to retirement, nor was it incorporated into the pre-separation checklist at the time. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 9 Jan 85. On 21 Aug 09, he signed DD Form 2648, Pre-Separation Counseling Checklist for Active Component Service Members, checking box 13a, “Education benefits (Montgomery GI Bill, Veterans Educational Assistance Program, Vietnam-era, etc.,” “No”. On 31 Dec 09, the applicant was relieved from active duty and retired, effective 1 Jan 10. He was credited with 24 years, 11 months and 23 days of active service, including 10 years and 5 months of foreign-service. As the applicant was eligible for retirement prior to 1 Aug 09, he would not have incurred a commitment to provide additional service had he transferred his benefits on or after 1 Aug 09. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. There is no evidence the member ever applied via the Defense Manpower Data Center (DMDC); therefore, eligibility cannot be determined and the member cannot be approved for TEB according to current law and instruction which cites the date of request as the date on which the appropriate service obligation would be established (IAW AFI 36-2649, Voluntary Education Program – GI Bill, Attachment 13, A13.18.1.1.1). Additionally he provides no documentation/evidence of an attempted application for TEB. If the Board determines an injustice has occurred, the most reasonable estimate with regard to the TEB approval date would be 1 Aug 09. The Complete DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted a response indicating the DPSIT advisory opinion stated he acknowledged he did not desire counseling on the pre-separation counseling checklist, but this is not true. He declined counseling in block 13 which highlights “Montgomery GI Bill, Veterans Educational Assistance Program, & Vietnam-era.” The checklist makes no reference to Post-9/11 GI Bill in block 13. According to AFI 36-2649, The Commander, Air Force Personnel Center is to ensure all eligible Regular AF, Air Force Reserve, and Air National Guard members are advised that they are eligible for educational assistance under the Post-9/11 GI Bill Program upon serving the required active duty time. It also states that in partnership with the Airman & Family Readiness Centers, the Commander ensures airmen are counseled (pre-separation or release from active duty) on benefits and that the counseling is documented on DD Form 2648. He was not offered pre-separation counseling on Post-9/11 GI Bill. Further, in the 24 months leading up to his retirement, he was deployed with the last 13 months under operational control of the Army and his Air Force administrative control was several hundred miles away. He was not advised on the Post-9/11 GI Bill during this period as well. Finally, the current DD Form 2648T, Pre-separation Counseling Checklist for AC, AGR, AR, FTS, and RPA Service Members, (January 2011) is specific to Post-9/11 GI Bill in block 14. It was expanded from three pages to five pages and is supplemented by a 115 page DoD publication, “Guide for Pre-separation Counseling Checklist.” 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. After a thorough review of the evidence of record and the applicant’s complete submission, including attachments and rebuttal, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSIT indicating that relief should be denied because there is no evidence he applied via DMDC making him eligible for TEB, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant explains that he was deployed leading up to his retirement and under Air Force administrative control that was hundreds of miles away, and therefore, he was most likely not advised of the TEB requirements during that period. The applicant further explains he was never provided pre-separation counseling regarding the Post-9/11 GI Bill and provides a copy of the Jun 2005 version of DD Form 2648 he signed where Block 13a covering Education benefits does not indicate Post-9/11 GI Bill. He also provides a copy of the Jan 2011 Test version of the DD Form 2648 where in Block 14a covering Education benefits, Post-9/11 GI Bill is annotated among others. It is reasonable to assume the applicant indicated “no” next to education benefits on the DD Form 2648 he signed 13 Jul 09 because it specifically did not mention Post-9/11 GI Bill and he would not need education benefits counseling otherwise. Therefore, we 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 August 1, 2009 he transferred his Post-9/11 GI Bill Educational Benefits to his eligible dependents. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04003 was considered: Exhibit A. DD Form 149, dated 26 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 20 Oct 14. Exhibit D. Letter, Applicant, dated 8 Dec 14.