RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-00134
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His military records be corrected to show Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependent son.  

APPLICANT CONTENDS THAT:

He transferred benefits before retirement through his education department, but it did not get updated.  He provides VA Form 22-1990E, Application for Family Member to Use Transferred Benefits, dated 6 Oct 10, confirmation #2075515.  

The applicant’s complete submission, with attachments, is at Exhibit A.  

STATEMENT OF FACTS:

On 2 Jun 84, the applicant entered the Air National Guard.

On 30 Dec 10, the applicant was relieved from service and retired effective 31 Dec 10, then transferred to the USAF Reserve Retired List.  He was credited with 32 years, 6 months and 29 days of active service for base pay and 30 years, 6 months and 29 days for retired pay.

In accordance with Directive-Type Memorandum (DTM) 09-003, Post-9/11 GI Bill (22 June 2009), and Air Force Instruction (AFI) 36-2306, Voluntary Education Program, any service member between on or after 1 Aug 09 and 1 Aug 13, who is entitled to the Post-9/11 GI Bill at the time of approval of his or her request to transfer that entitlement may transfer that entitlement provided he or she was retirement eligible (has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C. § 12732, Entitlement to retired pay: computation of years of service).  

Since the applicant served on active duty since 11 Sep 01 and on the date of his retirement, as a member of the Air National Guard, he was credited with more than the required aggregate of 90 days active duty service, he is entitled to Post-9/11 GI Bill benefits in his own right and is otherwise eligible to transfer said benefits to his dependents.  Had the applicant successfully transferred his benefits on 6 Oct 10, he would not have incurred an active duty service commitment (ADSC), as there was no additional service commitment required to transfer Post-9/11 GI Bill Benefits to dependents for members, such as the applicant, who were retirement eligible on or before 1 Aug 09.  

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 C.  

AIR FORCE EVALUATION:

NGB/A1YR recommends denial of the applicant’s request to transfer benefits to his son.  He did not transfer his Post-9/11 GI Bill benefits prior to his retirement as required by and defined by Public Law No. 110-252 and Directive-Type Memorandum (DTM) 09-003.  No record is reflected in TEB to indicate that he attempted to transfer benefits to his son.  He provided a copy of the VA Form 22-1990E as proof that he transferred benefits to his son; however, the VA Form 22-1990E is the dependent application for education benefits.  The VA application process is done after benefits have been transferred to dependents through the Defense Manpower Data Center (DMDC) via MilConnect.  The Recruiting and Retention Manager (RRM) at his former unit indicated she was not in her position at the time of his retirement and does not have any records to indicate whether or not he was in contact with the Retention Office to initiate TEB prior to his retirement.  

Public Law 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 executive.”  DTM 09-003 – Post-9/11 GI Bill, 22 Jun 09, (reissued 14 Sep 11) attachment 2, paragraph 3.g.1 states:  “Time for Transfer.  An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement to the individual’s family member only while serving in the Armed Forces.”  Both of these documents were published on government-hosted websites prior to the effective date of the Post-9/11 GI Bill.  

The Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 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 became operational on 27 Jun 09 for the purpose of accepting transfer of benefits applications.  The Air National Guard implemented a communication plan, utilizing the RRMs, to serve as liaisons between NGB, DMDC, DVA and the 54 states/territories.  The RRM is required to give Post-9/11 GI Bill and Transfer of Education Benefits (TEB) program briefings, as well as advertise the programs via internal media and communication tools (Facebook, print-ads, and newsletters).  

The complete A1YR 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 5 Oct 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 not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely, 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.  After a thorough review of the evidence of record and the applicant’s complete submission we believe corrective action is warranted.  While we note the steps NGB/A1YR indicates were taken to inform eligible personnel of this benefit, it is our opinion the applicant was not properly counselled on the procedures to properly transfer his benefits to his dependent.  In this respect, we note the applicant was entitled to Post 9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependent without having to commit to additional service.  As such, we do not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure that he retained this entitlement for his dependent.  Therefore, in the interest of justice, we believe the applicant’s records should be corrected to show that he transferred his benefits to his dependent before his 31 December 2010 retirement.  Accordingly, 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 30 December 2010, he elected to transfer Post-9/11 GI Bill Educational Benefits to his eligible dependent.

The following members of the Board considered AFBCMR Docket Number BC-2015-00134 in Executive Session on 28 Jan 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Dec 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1YR, dated 29 Sep 15.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 15.