RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02036 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: His spouse and son are not listed on his records; therefore, they have not been allowed to receive his Post 9/11 GI Bill Education benefits. In support of his request, the applicant provides a personal letter, copies of letter from the Department of Veterans Affairs (DVA), his VA Form 22-1990E, Application for Family Member to Use Transferred Benefits; his DD Form 214, Certificate of Release or Discharge from Active Duty; an article on transfer of VA benefits. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 26 December 1984, the applicant entered the Regular Air Force. On 1 October 2009, he retired in the grade of master sergeant. On 8 August 2010, AFPC/DPSOY administratively corrected the applicant’s records to reflect the award of the Meritorious Service Medal. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSI recommends denial. DPSI states service 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 Department of Defense 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. DPSI notes the Board could find that there was an injustice if the service 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 service member on active duty since the Transfer of Educational Benefits (TEB) system allows for correction of the record by Air Force personnel. The complete DPSI evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 October 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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 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. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependent, effective 30 September 2009. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2010- 02036 in Executive Session on 11 April 2011, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSI, dated 4 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10. AFBCMR BC-2010-02036 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he elected to transfer his Post 9/11 GI Bill Educational Benefits to, effective 30 September 2009.