RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01600 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her record be corrected to reflect she transferred her Post-9/11 GI Bill benefits to her dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: She believed that her action to request to change from the Montgomery GI Bill to the Post-9/11 GI Bill also had the effect of transferring her educational benefits to her son. She recalls applying to change to the Post-9/11 GI Bill in May 09 and thought the Certificate of Eligibility she received was all that she needed for her son to attend college. She left her last duty station on 11 Aug 09 to start her permissive temporary duty (TDY) and terminal leave. During this time, she was taking pain killers for her service-connected medical condition which resulted in her disability retirement in Sep 09. In support of her request, the applicant provides copies of her AF Forms 988, Leave Request/Authorization, excerpts of her military personnel records, correspondence from the Department of Veterans Affairs (DVA), and documents associated with her permanent disability retirement. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she served on active duty from 17 Dec 87 though 28 Sep 09. On 29 Sep 09, she was retired for physical disability in the grade of technical sergeant (E-6) and was credited with 21 years, 9 months, 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 60,000 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 24 Jun 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, she was not timely made aware of her eligibility and the steps necessary to transfer her benefits to her dependents. In addition, we find no basis to question her account in this matter and do not find it 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. ________________________________________________________________ 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 her Post-9/11 GI Bill Educational Benefits will be executed in accordance with her expressed preferences contingent upon the completion of the necessary paperwork within 30 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01600 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 18 Oct 10, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 24 May 11. Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.