RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04760 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent daughter effective 1 Sep 10. _________________________________________________________________ APPLICANT CONTENDS THAT On 12 Nov 10, he attempted to transfer his Post-9/11 benefits to his daughter. His request to transfer his benefits was denied because he did not have the one year retainability requirement based on his approved retirement date of 1 Sep 11. He did not have an approved retirement date when he attended the Transition Assistance Program (TAP) briefing, was not aware of the one year retainability requirement and would have elected to transfer his benefits within the one year timeframe had he been informed of the requirement. In support of his request, the applicant provides copies of back ground documentation related to his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant currently serves in the Regular Air Force in the grade of master sergeant (E-7). In the spring of 2010, he received an assignment, and based on his personal situation he submitted a voluntary retirement request to avoid the permanent change of station move. In Oct 10, his request for voluntary retirement was approved. On 12 Nov 10, he attempted to transfer his Post-9/11 GI Bill educational benefits, but his request was denied due to not having the one year retainability. _________________________________________________________________ AIR FORCE EVALUATION: USAF/A1PA recommends denial. A1PA states the applicant’s decision to retire had unintended consequences but does not constitute an error or injustice. He completed a pre- separation/retirement checklist that contained clear guidance on transferring Post-9/11 GI Bill benefits. The checklist he completed, acknowledged, and electronically signed states, “By law (USC title 38), certain enrollment actions (e.g. initiation of Post-9/11 GI Bill transfer of benefits) are only available when you are on active duty and lost once separated or retired…You may incur an active duty service commitment (ADSC) with certain enrollment actions; therefore, we highly recommend you seek counseling prior to submitting your application for separation/retirement. If you take action after being approved for separation/retirement, you could lose the benefit if you can’t complete the required service before your approved separation/retirement date.” A1PA states it should be noted the applicant had the opportunity to, but did not, transfer the benefits as early as 27 Jun 09 even though the effective date would not have been earlier than 1 Aug 09. In theory, if he had transferred benefits in a timely fashion, he could have served the one-year commitment before retirement. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He did not have a retirement date when he attended the TAP briefing. If he had any chance of gaining eight more weeks of retainability needed for the one year retainability needed in his situation, he would have transferred the Post-9/11 benefits to his daughter a long time before. Had he been given accurate information at his TAP briefing, he would have had an opportunity to remedy this situation. He emphasizes that had he known about the one year retainability requirement, he would have transferred his Post-9/11 GI Bill to his daughter some time ago. Many people within the Air Force don’t understand the requirements of the program and there is widespread confusion concerning this benefit. The applicant’s complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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 (OPR) 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 DEPENDENT’S NAME, effective 30 Aug 10. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04760 in Executive Session on 29 Jul 11, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining was considered: Exhibit A. DD Form 149, dated 21 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, USAF/A1PA, dated 30 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10. Exhibit E. Letter, Applicant, dated 28 Dec 10, w/atchs.