RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00385 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never made aware that his change in status from active to retired military would forfeit his right to provide GI Bill benefits to his family. In support of his request, the applicant provides a personal statement and his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty on 31 August 2009 and retired from the Air Force on 1 September 2009, having served 26 years 5 months and 1 day on active duty. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and: Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or Is or becomes retirement eligible during the period from August 1, 2009, through August 1, 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. For those individuals eligible for retirement on August 1, 2009, no additional service is required. For those individuals who have an approved retirement date after August 1, 2009, and before July 1, 2010, no additional service is required. For those individuals eligible for retirement after August 1, 2009, and before August 1, 2010, 1 year of additional service after approval of transfer is required. For those individuals eligible for retirement on or after August 1, 2010, and before August 1, 2011, 2 years of additional service after approval of transfer are required. For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, 3 years of additional service after approval of transfer required. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states that every effort was made by the DoD, the Department of Veteran Affairs (VA), and the services to make sure that every eligible service member understood the process for transferring benefits. The transfer of education benefits system began accepting applications as of 27 June 2009 with an effective date no earlier than 1 August 2009. Many service members understood that the law only required that one be on active duty or in the selective Reserve as of 1 August 2009. In discussing this issue with education counselors, education service officers, many service members thought they were eligible for the transfer as long as they were serving on active duty as of 1 August 2009 and did not realize that participating in the program required they do the transfer of benefits in TEB while serving on active duty or selective reserve status. The DPSIT complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states his final active duty assignment ended on 29 May 2009. He immediately began terminal leave status until beginning a civilian job in August 2009. His terminal leave status and absence from active military status precluded exposure to all Air Force guidance and information outlined above. At no point was he made aware that applying for the Post 9/11 GI Bill did not coincide with the right to transfer benefits to his dependents in the future. On 1 September 2009, he unknowingly forfeited this privilege. The applicant’s complete response is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ USAF/A1PA does not provide a recommendation. A1PA states that members may have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 August 2009, was sufficient to “vest” them with the right to transfer benefits at some time in the future. Had those members sought clarification from an educational counselor, read the DoD or Air Force guidance that was very clear on that point, or taken other measures to make timely decisions before their separation or retirement, they could have initiated a timely transfer of benefits. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 August 2009 and there would be no need to place the member on active duty since the TEB system allows for correction of the record by Air Force personnel. The A1PA complete evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states although he meets all eligibility requirements and has signed up for the Post 9/11 GI Bill, he was never made aware that his change in status from active to retired military would forfeit his right to provide this benefit to his family. Had such counseling occurred or had he been aware of the requirement through DoD or Air Force guidance while on terminal leave status, he would have immediately established this benefit so as to preclude forfeiture of this right. Applicant’s complete response is at Exhibit H. _________________________________________________________________ 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 steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not timely made aware of his eligibility and the steps necessary to transfer his benefits to his dependents. In addition we find no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the records be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. On 31 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 1 September 2009. b. Transfer of Post 9/11 GI Bill Educational Benefits is contingent upon the completion of the necessary paperwork, as indicated in the attached AFPC/DPSIT Memorandum, within 30 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00385 in Executive Session on 5 October 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00385 was considered: Exhibit A. DD Form 149, dated 24 January 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 7 May 2010. Exhibit D. Letter, SAF/MRBR, dated 21 May 2010. Exhibit E. Letter, Applicant, dated 11 June 2010. Exhibit F. Letter, AF/A1PA, dated 30 July 2010. Exhibit G. Letter, SAF/MRBR, dated 2 August 2010. Exhibit H. Letter, Applicant, dated 20 August 2010.