RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04296 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents (spouse and son). _________________________________________________________________ APPLICANT CONTENDS THAT: The program information regarding the 9/11 GI Bill was incomplete and did not fully state the requirements for transferring of the benefits. Had he known of the requirement he would have completed the required documents. In support of his request, the applicant provides a copy of a letter from AFPC DPSIT and a copy of his election to transfer the benefits. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSI makes no recommendation. DPSI states the Secretary of the Air Force is required by law to provide members with information regarding the Post-9/11 GI Bill. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill. Therefore, the Board could find that there was an injustice if the 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 member on active duty since the TEB system allows for correction of the record by Air Force personnel. The DPSI complete evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Apr 11 for review and comment within 30 days. 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 an injustice. While we note the Air Force office of primary responsibility postion, we are inclined to believe the applicant was not fully aware of the TEB eligibility requirements 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; 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 on 31 December 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits in accordance with his expressed preferences as indicated in the attached AFPC/DPSIT Memorandum. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04296 in Executive Session on 25 Aug 11, under the provisions of AFI 36-3003: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Nov 11, w/atchs. Exhibit B. Letter, AFPC/DPSI, dated 4 Mar 11, w/atch. Exhibit C. Letter, SAF/MRBR, dated 25 Feb 11.