RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00437 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never informed and could not discern through the material and counseling that it was necessary to transfer the benefits prior to his retirement. In support of his appeal, the applicant provides copies of documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Oct 09. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA indicates that both the Department of Defense (DoD) and Department of Veterans Affairs (DVA) widely publicized the Post- 9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of education benefits (TEB). The website was operational on 27 Jun 09 for the purpose of accepting transfer of benefits applications. The published guidance at the time indicated the transfer must be made while the member is serving in the Armed Forces. The Air Force, in implementing its guidance, developed a comprehensive communication plan which included the use of internal media, internal communication tools, and external trade publications. There were various news articles about the program; most noted the requirement to be on duty on the 1 Aug 09 effective date to be eligible to transfer benefits. Notwithstanding the above, the Board could find there was an injustice if a member was on active duty on 1 Aug 09, but did not receive counseling about the need to execute the TEB while serving in the Armed Forces and did not have ready access to published DoD and Air Force guidance at the time their terminal leave began. The complete HQ USAF/A1PA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant and his Counsel on 15 Apr 11, for review and comment within 30 days. As of this date, no response has been received by this office (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 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. 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 issue(s) 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 the APPLICANT be corrected to show that on 30 September 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00437 in Executive Session on 25 Aug 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jan 11, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, HQ USAF/A1PA, dated 8 Apr 11. Exhibit D. Letters, SAF/MRBR, dated 15 Apr 11. Panel Chair