RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04984 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: He submitted his application to transfer his Post-9/11 GI Bill benefits through the education office at the United States Air Force Academy (USAFA) and received confirmation the action was completed. However, upon preparing for his daughter for enrollment in college, he found out his application was not processed. The applicant’s complete submission, with attachments is at Exhibit A. STATEMENT OF FACTS: On 16 Nov 89, the applicant commenced his enlistment in the Regular Air Force. The Directive-Type Memorandum (DTM) 09-003, Post 9/11 GI Bill, dated 22 Jun 09, service members who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, would not incur a commitment to perform any additional service. On 23 Jan 09, the applicant submitted his application for voluntary retirement to be effective 1 Dec 09. On 14 Jul 09, the applicant requested his retirement effective date be changed from 1 Dec 09 to 1 Feb 10. The applicant’s commander approved the request to adjust his approved retirement date from 1 Dec 09 to 1 Feb 10 as approval of the request was in the best interest of the Air Force. On 1 Feb 10, the applicant voluntarily retired and was credited with 20 years, 2 months and 15 days of active service. Given the applicant the applicant had an approved retirement date, he qualified for benefits under the Post 9/11 GI Bill in his own right, and was qualified to transfer said benefits to his dependents without incurring the commitment to perform any additional service. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the requested relief. The applicant stated he completed the application to transfer education benefits and received an email confirming the process was complete. However, while initiating the process to enroll his daughter in college he discovered the application process was not completed. Since the applicant had an approved retirement date he could not resubmit his application to transfer education benefits. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 16 Nov 89. The applicant was eligible to transfer education benefits to his dependents and based on his TAFMSD he would not have incurred a service obligation. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Feb 15, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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. The applicant contends that while on active duty he submitted and received notification the process to transfer education benefits to his dependent was completed. However, upon enrolling his daughter in college was informed the transfer of education benefits was not completed. We note at the time of the applicant’s request to transfer education benefits, the program was very new and there existed some confusion regarding the requirements and procedures to complete the transfer of education benefits. In view of this and noting the applicant did take affirmative action to transfer his educational benefits and it appears the applicant’s inability to transfer his benefits to his dependent was due to no fault of his own and, he would not have incurred a requirement to perform additional service subsequent to the transfer of his 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. 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 1 August 2009, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-04984 in Executive Session on 18 Aug 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04984 was considered: Exhibit A. DD Form 149, dated 19 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 18 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 26 Feb 15. 3 4