RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04229 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: She was never informed her benefits had to be transferred prior to her retirement in November 2009. Prior to her retirement she completed the Veteran’s Online Application (VONAPP) for the Post-9/11 GI Bill in July 2009. She received a certificate of eligibility in the mail from the Department of Veterans Affairs stating she was eligible for benefits. In July 2010, she went into the Transfer of Education Benefits (TEP) system to transfer her benefits to her son and found out she could not because her family members were not entered into the system. In support of her request, the applicant provides a copy of her Certificate of Eligibility and an article from the Army Times. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was placed on the Temporary Disability Retired List (TDRL) on 28 November 2009. On 27 May 2010, she was removed from the TDRL and permanently retired in the grade of captain. On 25 February 2011, the applicant was sent a letter of explanation regarding her application and her case was administratively closed. Upon receipt of her DD Form 149 and additional evidence, her case was reopened on 15 February 2012. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant was placed on the TDRL on 27 November 2009. Prior to being placed on the TDRL, she had ample opportunity to apply for the TEB. She attended a pre-separation counseling briefing on 2 April 2009 indicating she wanted additional information on educational benefits. The Department of Veterans Affairs (DVA), Department of Defense (DoD) and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature of a specially developed website to facilitate the transfer of educational benefits. The system was available on 27 June 2009 for the purpose of transferring benefits. The Directive Type Memo and the Air Force Instruction required the transfer application to be made using the TEB website. The applicant out processed from the Randolph education office on 10 September 2009 and had the opportunity to ask questions and apply for the TEB at that time; however she did not apply for the benefits. The applicant provides no error or injustice on the part of the Air Force. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates she was unable to transfer her benefits because the TEB system did not recognize her family members and there was no one to select. She contacted the Military Personnel Flight who stated they could see her dependents, yet they could not explain why they were not showing up in the TEB system. She contacted the education center and after a lengthy discussion with a master sergeant, he stated the MPF needed to upload her dependents. She contacted the MPF on numerous occasions to no avail. She ultimately could not transfer her benefits as they were not in the TEB system. 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 benefit, it appears that through no fault of the applicant she was not afforded the opportunity to transfer her benefits to her dependents. In addition we find the evidence provided sufficient to raise reasonable doubt as to whether the applicant was properly counsled as it does not appear 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 27 November 2009, she elected to transfer her Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04229 in Executive Session on 13 September 2012, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A1. DD Form 149, dated 9 Nov 10, w/atchs. Exhibit A2. DD Form 149, dated 3 Feb 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 21 Feb 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 6 Mar 12. Exhibit E. Letter, Applicant’s Response, dated 11 Mar 12.