RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00880 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: She was not briefed or made aware that she had to transfer her GI benefits prior to retiring. In support of her appeal, the applicant provides copies of documents extracted from her military records, dependent birth certificates, extracts from the Department of Veterans Affairs (DVA), The Post 911 Veterans Educatonal Assistance Act and e-mail communiqué. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 Aug 85, she contracted her initial enlistment in the Regular Air Force. She was progressively promoted to the grade of Chief Master Sergeant having assumed the grade effective and with a date of rank of 1 Oct 04. She was retired on 1 Oct 09. 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 prior to TEB’s activation, program information and guidance was made available through the Air Force Personnel Center (AFPC) and the DVA beginning early 2009. DPSIT also states a staff member from the Airman & Family Readiness Center (A&FRC) recalled an Apr 09 conversation where the applicant discussed attending Transition Assistance Program (TAP) workshop on 1-3 Apr 09; however, her name does not appear on the list. Her DD Form 2648 supports her comment of attending the TAP workshop; yet she would not have received any Post-9/11 GI Bill information since the program did not exist at that time. The applicant was referred to the base Education Center and the DVA where she could have transferred her benefits while on terminal leave. The TEB was widely publicized in a myriad of ways making it difficult for individuals not to know how and where to transfer benefits. The complete HQ USAF/DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the Under Secretary of Defense required the Services to brief all personnel on active duty. She was on active duty, but just on terminal leave. She was not briefed, provided or had access to Air Force internal media or communication tools (Exhibit D). _________________________________________________________________ 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 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 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 E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant requests approval of her application based on the recommendation of the USAF/A1PA advisory (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 she was not timely made aware of her eligibility and the steps necessary to transfer her benefits to her dependents. In addition we find no basis to question the applicant's account in this matter and do not find it reasonable that she 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. _________________________________________________________________ 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 30 September 2009 she elected to transfer her Post 9/11 GI Bill Educational Benefits to a dependent, effective 1 October 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 letter from AFPC/DPSIT within 30 days. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00880 in Executive Session on 5 Oct 10, 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 24 Feb 10, w/atchs. Exhibit B. Letter, HQ AFPC/DPSIT, dated 7 May 10. Exhibit C. Letter, SAF/MRBR, dated 21 May 10. Exhibit D. Letter, Applicant, dated 26 May 10. Exhibit E. Letter, HQ USAF/A1PA, dated 30 Jul 10. Exhibit F. Letter, SAF/MRBR, dated 2 Aug 10. Exhibit G. Letter, Applicant, dated 12 Aug 10, w/atch.