RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04006 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to him retiring he was appealing a Medical Evaluation Board (MEB); however, after his appeal was denied he was given 90 days to out-process. He did not receive any information regarding the requirement to transfer his Post-9/11 GI Bill benefits to his children prior to retiring in Nov 09. He tried transferring his education benefits after he retired; however, it was at that time he was advised by the Veterans Affairs (VA) that he needed to have transferred his education benefits prior to retiring. Had he known this prior to his retiring he would have ensured the transferred was accomplished and transferred to his three children. The applicant does not provide any supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 28 Nov 09 in the grade of master sergeant after serving over 20 years on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. 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. In this case, the applicant states he was not advised nor did he receive any information informing him that he needed to transfer benefits prior to retirement. However, after talking to the education counselor at his base, they stated they gave multiple briefings and the education counselors were well versed in the process. Further, the applicant checked “YES” in Section IV, on the checklist stating that he did want counseling for the following services and benefits. “These services and benefits are available to all service members, unless otherwise specified.” Item number 13 of the checklist Education/Training area, (a) Education benefits (Montgomery GI Bill, Veterans Educational Assistance Program, Vietnam-era, etc.) was checked “YES”. The checklist was accomplished and dated on 5 Nov 09. Therefore, there was ample “opportunities” for the member to “ask” about the benefit but chose/failed to gain instructions of how to transfer benefits. Additionally, the applicant never attempted to contact AFPC using the Transferability of Educational Benefits (TEB) website. Therefore, DPSIT concludes that there was no error or injustice on the part of the Air Force. The AFPC/DPSIT complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Dec 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 the applicant’s version of events sufficient to resolve any doubt in his favor 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 1 November 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04006 in Executive Session on 15 May 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for BC-2011-04006 was considered: Exhibit A. DD Form 149, dated 6 Oct 11. Exhibit B. Letter, AFPC/DPSIT, dated 15 Dec 11. Exhibit C. Letter, SAF/MRBR, dated 29 Dec 11.