RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02833 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: The required forms were completed prior his departure from his last duty station. However, his dependents have never shown up in the Department of Veterans Affairs (DVA) system. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 26 Sep 88, the applicant entered the Regular Air Force and was progressively promoted to the grade of master sergeant. He was retired on 1 Oct 09. _________________________________________________________________ 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 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 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 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 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 HQ AFPC/DPSI evaluation with attachments is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Oct 10 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 XXXX and XXXX, effective 1 September 2010. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02833 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 was considered: Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSI, dated 4 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.