RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03730 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his children. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not adequately notified of the opportunity to transfer Post 9/11 GI Bill benefits prior to his retirement on 30 Sep 10. The process of transferring this benefit to his children was not thoroughly explained to personnel who were eligible to retire. He was retirement eligible as of 1 Sep 10 and served in the military since Sep 86 and completed 20 years of active duty service and four years of reserve duty. Career airmen are not being treated fairly. He completed 20 years of service, nine of them after 11 Sep 01 and he is unable to transfer these benefits, whereas Guard members who have faithfully served, but not in a full time capacity are granted this benefit. He decided to retire due to the newest physical fitness program because he had two knee surgeries and was unable to participate. He would not be doing the Air Force justice by taking a spot from another younger NCO who would be able to participate so he decided to retire. He did not feel he would be physically able to complete the required time frame to be able to transfer this benefit to his children. The Post 9/11 rules for transfer did not take into account those who had served prior to 9/11. He is in a peculiar situation since he was honorably discharged and then re-enlisted back into the Air Force prior to 11 Sep 01. Upon entry into the Air Force in 1986 he contributed to the Montgomery GI Bill. At that point in his career he was unsure if he would pursue college, but planned ahead just in case. He would very much like to pass this unused benefit to his children and give them a head start in life. He also served during Desert Storm and would like the Board to consider this due to his unique situation. In support of his request, the applicant, submits an electronic communiqué with information he wanted to include in the remarks section of his request. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of technical sergeant effective 30 Sep 10 after serving 20 years, 1 month, and 22 days on active duty. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, and: • Has at least six years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election. • Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or • Is or becomes retirement eligible during the period from 1 Aug 09, through 1 Aug 13. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. • For those individuals eligible for retirement on 1 Aug 09, no additional service is required. • For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required. • For those individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10, one year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, two years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after 1 Aug 11, and before 1 Aug 12, three years of additional service after approval of transfer required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant retired on 30 Sep 10 and is not entitled to transfer his Post- 9/11 GI Bill benefits to his dependents. DPSIT states in part that, service members enrolled in 38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 August 09, who is eligible for the Post-9/11 GI Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations. The transfer of Post 9/11 GI Bill benefits must be initiated while the member is serving in the Armed Forces, which is defined as limited to those on active duty or in the Selected Reserve. The Air Force issued AFI 36-2306, Voluntary Education Program, on 23 July 09, which was subsequently replaced with AFI 36-2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre-separation counseling, documented on DD Form 2648, Pre-Separation Counseling Checklist. 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. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 Nov 11, a copy of the Air Force evaluation was forwarded to the applicant 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 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. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 Jun 10 he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 1 Jul 10. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03730 in Executive Session on 27 Mar 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 16 Sep 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 18 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 10 Nov 10.