RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01180 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-911 GI Bill benefits to her dependents. ___________________________________________________________________ APPLICANT CONTENDS THAT: She was not briefed on the Transfer of Post-9/11 GI Bill Benefits to Dependents (TEB), prior to her retirement date of 31 Aug 09, which would have allowed her to transfer her benefits to her dependents. Her terminal leave started in Jun 09 which was prior to the Air Force having the process for transferring the benefits in place. She was also given inaccurate information from the Department of Veterans Affairs (DVA) office regarding this program. In support of her request, applicant provides a copy of her DD Form 214, Certificate of Discharge or Release from Active Duty. Her complete submission, with attachment, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 3 Aug 89 and was progressively promoted to the grade of master sergeant (E-7), having assumed that grade effective and with a date of rank of 1 Apr 06. She retired on 31 Aug 09 after serving 20 years and 28 days on active duty. 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 based on 38 U.S.C., Chapter 33, section 3319(f)(1) which states “an individual may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed,” they can only recommend to deny the applicant’s request. DPSIT acknowledges in discussing this issue with education counselors they expressed that many service members thought they were eligible for the TEB as long as they were serving on active duty as of 1 Aug 09 and did not realize that participating in the program required they do the transfer of benefits while still serving on active duty or in a selective Reserve status. The DPSIT complete 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 21 May 10 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ 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 taking 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 HQ USAF/A1PA complete evaluation is at Exhibit E. ___________________________________________________________________ APPLICANT'S REVIEW OF 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, this office has received no response. ___________________________________________________________________ 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 31 August 2009 she elected to transfer her Post 9/11 GI Bill Educational Benefits to her 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 letter from AFPC/DPSIT within 30 days. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01180 in Executive Session on 5 Oct 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for Docket Number was considered: Exhibit A. DD Form 149, dated 11 Mar 10. 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, HQ USAF/A1PA, dated 30 Jul 10. Exhibit F. Letter, SAF/MRBR, dated 2 Aug 10. Panel Chair