RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03549 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: He retired on 30 September 2009. He attended a comprehensive Transition Assistance Program (TAP) at the United States Air Force Academy in June/July 2009. During that time, the information regarding the GI Bill was all speculative and not finalized. He was on terminal leave the majority of August and September 2009 and had no access to updated official information because he was forced to turn in his common access card (CAC). All calls to the Department of Veterans Affairs (DVA) stated that they were waiting for implementation instructions for the Post 9/11 education benefits. In support of his request, the applicant provides a service letter and a copy of his retirement orders. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 October 2009, the applicant was relieved from active duty and reverted to the retired list in the grade of lieutenant colonel. _________________________________________________________________ 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: The applicant states the Air Force should have made a good faith effort to seek out members who were already on terminal leave or who had already completed their pre-separation counseling. He request the Board comply with the spirit and intent of Chapter 33, Title 33, USC, Post 9/11 GI Bill and correct this injustice. The applicant’s complete response is at Exhibit E. _________________________________________________________________ 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- 03549 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 24 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSI, dated 8 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11. Exhibit E. Letter, Applicant, dated 7 Feb 11. AFBCMR BC-2010-03549 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.