RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00820 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he transferred his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: The requirement to be on active duty to execute the transfer of educational benefits (TEB) was not adequately communicated to him. While he made his election for the Post-9/11 GI Bill versus the Montgomery GI Bill, he reasonably believed that, as with other GI Bill benefits, he could make the TEB within the time limits indicated in the VA Pamphlet 22-09-01, The Post-9/11 Veterans Education Assistance Act of 2008. Although it does not refer to the Post-9/11 GI Bill, the VA pamphlet 21-00-1, A Summary of VA Benefits, also provided and listed extended eligibility timeframes for similar benefits. He was not aware of the requirement to be on active duty as indicated in the 23 Jun 09 Office of the Secretary of Defense Type Memorandum (DTM) 09-003, Post-9/11 GI Bill. Additionally, this guidance was not available until he had departed on terminal leave and permissive temporary duty (TDY), well after his retirement counseling appointments. Had he been made aware of the requirement to make the TEB while still on active duty, he would have certainly done so. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; retirement orders; DD Form 2648, Pre-separation Counseling Checklist; AF Forms 988, Leave Request/Authorization; VA Transferability Fact Sheet; VA Pamphlets 21-00-1 and 22-09-1; DTM 09-003, Post-9/11 GI Bill; and Defense Enrollment Eligibility Reporting System (DEERS) Verification of Dependents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served on active duty from 19 Nov 89 though 30 Nov 09. On 1 Dec 09, he was retired for length of service in the grade lieutenant colonel (O-5) and was credited with 20 years and 12 days of total active service. 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 Exhibits 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. Notably, since 1 Aug 09, the Air Force approved over 41,000 transferability applications. 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. A complete copy of the AF/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 on 13 May 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 an 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 his 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 the APPLICANT be corrected to show that the transfer of his Post-9/11 GI Bill Educational Benefits will be executed in accordance with his expressed preferences contingent upon the completion of the necessary paperwork within 30 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00820 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 was considered: Exhibit A. DD Form 149, dated 22 Feb 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 28 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 13 May 11. Panel Chair