RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03776 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the Post 9/11 GI Bill educational benefits. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He recently found that similar requests are being made due to the fact that proper notification was not made to the military member for those retiring on or after 1 Aug 2009. During this period, he was on terminal 1eave beginning in April of 2009 and most certainly would have taken advantage of the ability to transfer benefits but was initially told during out-processing that he would be retired prior to the effective date and would not be eligible. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 31 Jul 09. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 31 Jul 09, with a reason for separation of Voluntary Retirement: Sufficient Service for Retirement. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, and: • Has at least 6 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. • Has at least 10 years of service in the Armed Forces (active duty and/or SelRes on the date of election, is precluded by either standard policy (service or Department of Defense (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, 1 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, 2 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, 3 years of additional service after approval of transfer are required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, that the applicant's last day on active duty was 31 Jul 09. The Post 9/11 GI Bill Transfer of Education Benefit (TEB) program was effective 1 Aug 09. He provides no evidence of error or injustice on the part of the USAF. The USAF afforded the opportunity to extend 30 days to those airmen with a retirement date of 31 July 09. For the first time in history, servicemembers 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 Aug 09, who is eligible for the Post-9/11 GI Bill, has at least 6 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 (38 U.S.C.3319(b)(1)). The Department of Defense (DoD) issued a regulation, Directive Type Memo (DTM) 09- 003 (reissued 10 Sep 10), that authorized the Military Departments to offer servicemembers the option to transfer benefits. The Secretary of the Air Force determined that the Air Force would offer the transfer of benefits feature. The transfer 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 (38 U.S.C. § 3319(f)(1); DTM 09- 003, Attachment 2(3)(g)(1) (reissued Sep 10,2010); and AFI 36- 2306, Attachment 9, paragraph A9.l8. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Section at each installation to serve as spokespersons to communicate the Post- 9/11 GI Bill transfer-to-dependent program using internal media, internal communication tools, and external trade publications. There were various news articles about the Post-9/11 GI Bill to be eligible to transfer benefits. Notably, since 1 August 2009, the Air Force approved over 50,000 transferability applications. The Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website system was operational on 27 June 2009 for the purpose of accepting transfer of benefits applications. The DTM and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant reiterates that he began terminal leave in Apr 09. While on terminal leave there were opportunities afforded members currently on terminal leave to extend their retirement effective date an additional 30 days in order to qualify for the Post 9/11 GI Bill benefit. He notes the advisory goes into great detail outlining the various tools used and measures taken to advertise the benefit. It also states several times that the member must be on active duty on 1 Aug 11 (sic) to qualify for the benefit. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave. The response went on to state the AFPC and Education & Training sections at each installation were to serve as spokespersons to communicate the Post 9/11 GI Bill transfer-to-dependent program using internal media, internal communication tools and external trade publications. The Air Force, admittedly, did not make an effort to seek out members already on terminal leave. The task of reaching those members was left up to local installations. The fact that a member was on terminal leave should not negate the need for valid Air Force instructions to be followed. Additionally, while on terminal leave, he had no access to internal media or internal communications. All of that being said, the most compelling argument for his particular situation is contained in the final one-sentence explanation of the recommendation letter which states, "The USAF afforded the opportunity to extend 30 days to those airmen with a retirement date of 31 Jul 09". The Air Force can produce no evidence that he was afforded that opportunity. In closing, he feels that he was not properly notified of the option to extend his retirement effective date as other members. The AFPC and Education & Training sections at McGuire Air Force Base failed to provide any such information to him despite having a valid mailing address and telephone number on record. There was no evidence of this opportunity being offered, declined or accepted on his part. Others had been afforded this opportunity and were afforded the chance to make a choice. He was not. Having served proudly for 22 years in the nation's Air Force, he feels uncomfortable putting this request to paper and "fighting" to receive this benefit. However, it is for the same 22 years of service he feels he should be afforded the same opportunity as his fellow service members have been given. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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 warranting corrective action regarding the applicant’s Transfer of Educational Benefits. We note the comments of the Air Force office of primary responsibility; nonetheless, based on the evidence of record and that provided by the applicant, we find it reasonable to believe that had the applicant been properly briefed on the extension requirements for his entitlement to the benefits of the TEB, he would have requested the one-month extension needed. Since Air Force members similarly situated to the applicant were provided the opportunity to extend their service solely to qualify to transfer their benefits, we find the evidence provided sufficient to resolve any doubt in favor of the applicant and believe it is in the interest of justice to grant the requested relief. Therefore, based on the evidence presented, we recommend the applicant’s record 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: a. On 31 July 2009, he was not relieved from active duty, but was continued until 31 August 2009. b. On 1 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to a dependent effective 31 August 2009. c. On 31 August 2009, he was relieved from active duty and on 1 September 2009 he retired from the United States Air Force. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03776 in Executive Session on 3 April 2012, 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 26 Sep 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 24 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. Exhibit E. Letter, Applicant, dated 14 Nov 11.