RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02330 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependent. _________________________________________________________________ APPLICANT CONTENDS THAT: She was on terminal leave from 15 June 2009 to 30 September 2009 when the program had initiated. She learned of the program after she retired. While attending the VA she inquired about the program and was told she had to be on active duty to participate. She was not aware of or briefed that the transfer of benefits had to take place while serving on active duty. In support of her request, the applicant provides Retirement Order AC-000238, Post 9/11 Fact Sheet, VA Form 28-8606, Notes from Counseling and Next Steps, and AF IMT 988, Leave Request/Authorizations. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty on 30 September 2009 and retired from the Air Force on 1 October 2009, having served 20 years 6 months and 21 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSI makes no recommendation. DPSI states members may have had the impression that being on active duty or in the Selective 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 education 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. The Board could find that there was an injustice if the members were on active duty 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 Transfer of Educational Benefits (TEB) system allows for correction of the record by Air Force personnel. The DPSI complete evaluation 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 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 she elected to transfer her Post 9/11 GI Bill Educational Benefits to , effective 1 August 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02330 in Executive Session on 1 March 2011, 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-2010-02330 was considered: Exhibit A. DD Form 149, dated 29 June 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSI, dated 4 October 2010. Exhibit D. Letter, SAF/MRBR, dated 15 October 2010.