RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01339 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her record be corrected to reflect she elected to transfer the Post 9/11 GI Bill Educational Benefits to her dependents on 22 August 2009. APPLICANT CONTENDS THAT: On 22 June 2009, the Department of Defense established the Transfer of Educational Benefits (TEB) to family members. Although she was retirement eligible, she was not made aware of the steps necessary to transfer the benefits to her dependents. Had the appropriate benefits been provided, her window of opportunity to transfer the benefit would have been from 22 through 31 August 2009. She completed an additional year of service and would have elected to transfer this benefit to her dependents. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Air Force who entered the Air Force on 21 August 1989. She retired on 1 September 2010 in the rank of master sergeant. 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: AFPC/DPSIT recommends denial. The TEB program has been in effect since 1 August 2009 and several media and Public Affairs articles have been published to educate members. The applicant acknowledged the Post-9/11 GI Bill counseling statement on her Retirement Pre-Application Checklist. Additionally, she accepted/requested education counseling via her DD Form 2648, Preseparation Counseling Checklist, on 20 January 2010. In accordance with AFI 36-2306, Voluntary Education Program, Attachment 9, “for those members eligible for retirement after 1 August 2009 and on or before 1 August 2010, one year of additional service from the date of request is required.” Although she served one additional year after the program’s inception, she never applied for the TEB. There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB, nor did she inquire with the Total Force Service Center according to the Right Now Technology regarding her TEB status. Eligibility for the program could not be established, as DoDI 1341.13 and AFI 36-2306 cite the date of request as the date on which the appropriate service obligation would be established. Without a request, a TEB application cannot be approved. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 21 August 1989. Based on her TAFMSD, she would have incurred a one year Active Duty Service Commitment with TEB approval. She retired effective 1 September 2010. Should the Board recommend granting the request; the record should be corrected to reflect TEB approval on 1 August 2009, with an obligation end date of 31 July 2010. The complete AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that had she known in August/September of 2009 that she could transfer the benefits, she would have. This is the error or injustice. The Air Force provided no eligibility statement or acknowledgement. There was nothing to sign, no mass theater briefing, at least that she knew of or was made aware of. There was no application in DMDC because she was unaware of the eligibility. She attended pre-separation counseling, however, they were simply briefed on the different types of programs that they may be eligible for in retirement. The briefers did not get into the weeds about individual eligibility. They were told to go to the education center for specifics, which she did before retiring. At that point, it was too late to transfer without incurring an additional service commitment. She had a firm offer for employment/income that and could not take a chance on losing that secured position. She requests the Boards favorable consideration. The applicant’s complete response 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 error or injustice. While we note the comments of AFPC/DPSIT indicating relief should be denied, we disagree. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded that relief is warranted. We note the applicant’s Pre-separation Counseling Checklist for Active Component Service Members does not mention the Post-9/11 GI Bill, and find that through no fault of the applicant, she was not made aware of her eligibility and the steps necessary to transfer her benefits to her dependents. Accordingly, we find the applicant was not properly counseled on the TEB process. We noted the applicant requests her record be corrected to reflect that on 22 August 2009, she transferred benefits to her dependents; however, we believe the record should be corrected to reflect the transfer was approved on 1 August 2009 and find this relief proper and fitting. Therefore, we recommend the record 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, she elected to transfer her Post-9/11 GI Bill Educational Benefits, incurring a one-year active duty service commitment (ADSC), expiring on 31 July 2010. The following members of the Board considered AFBCMR Docket Number BC-2015-01339 in Executive Session on 28 January 2016 under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01339 was considered: Exhibit A. DD Form 149, dated 25 Mar 15, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 23 Jun 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 15 Sep 15. Exhibit E. E-mail, Applicant’s Response, dated 17 Sep 15.