RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00415 INDEX CODE: 128.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was not aware or properly briefed that his benefits had to be transferred while on active duty. During the time that he was attending his separation briefings, no information was available on the requirements for transferring benefits to dependents; specifically, the need to complete the transfer while on active duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 10 Apr 89. He was relieved from active duty, on 31 Oct 09, with a reason for separation of voluntary retirement: sufficient service for retirement. He retired on 1 Nov 09 after serving over 21 years 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. DPSIDR states 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. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant gave a timeline of the events surrounding his retirement from the Air Force and the lack of information concerning the TEB during that time. He has eligible dependents and would like to take advantage of this entitlement. The Nellis AFB Education office provided a letter of explanation indicating the applicant was not briefed in details on the TEB while on active duty. The applicant’s complete response, with attachment, 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 Aug 09, 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 take 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 Aug 09, 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 Aug 09 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 complete HQ USAF/A1PA evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Aug 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit G). ________________________________________________________________ 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 October 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 1 November 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-2010-00415 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 was considered: Exhibit A. DD Form 149, dated 28 Jan 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 7 May 10. Exhibit D. Letter, SAF/MRBR, dated 21 May 10. Exhibit E. Letter, Applicant, dated 7 Jun 10. Exhibit F. Letter, AF/A1PA, dated 30 Jul 10. Exhibit G. Letter, SAF/MRBR, dated 2 Aug 10.