RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04352 COUNSEL: NONE 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 his retirement, he handcarried the necessary paperwork to transfer education benefits (TEB) to his dependents to the base education office and was ensured the request would be processed. However, when he inquired about the status of the TEB, he was informed there was no record of his submission. In support of his request, the applicant provides copies of a variety of documents related to his processing through the disability evaluation system (DES) and his disability retirement. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Air Force Reserve member who was permanently retired for physical disability on 24 Sep 10, with a 50 percent disability rating. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which are attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/DPTT recommends denial noting the applicant failed to transfer benefits to his dependents prior to his retirement. As a result of Public Law No. 110-252, for the first time in history, service members were able to transfer unused Post-9/11 GI Bill educational benefits to their dependents. The transfer of benefits must take place while serving as member of the Armed Forces. The Veterans Administration, Air Force and Air Force Reserve Components, as well as other services published articles in service related newsletters and websites explaining the program benefits and requirements. The Air Force Reserve, in compliance with the Air Force Instruction 36-3206 _Air Force Guidance Memorandum 1_(AFGM1), implemented a communication plan that employed the Air Reserve Personnel Center (ARPC) and unit education and training offices to convey program information locally in briefings as well as articles in service related newsletters and multiple websites. Also, the unit education and training offices were trained via a Webinar session and received flyers to ensure the maximum exposure possible. The information was made available to program managers, Base Individual Mobilization Augmentees (BIMA) Administrators, and Readiness Management Group. Additionally, the Air Force Reserve Commander sent an email to all Reserve members in November 2009, explaining the requirements and the need to transfer the benefits while a member of the Selected Reserve. The communiqué also provided contact information for ARPC should the individual need additional information. Furthermore, the communication plan was carefully implemented because there were no provisions in the law or DoD policy for a waiver if the service member retired without transferring benefits. The complete ARPC/DPTT evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He did everything he was told to transfer education benefits to his dependents; however, through no fault of his own, his family will lose out on an educational opportunity. In support of his response, the applicant provides an expanded statement and copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty, marriage certificate, and his dependents’ birth certificates and Social Security cards. The applicant’s complete response, with attachments, 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. The recommendation by the Air Force office of primary responsibility is duly noted, however, we find the evidence provided by the applicant sufficient to raise doubt as to whether the failure to effect transfer of education benefits was totally his fault. We find the applicant’s account of events credible and believe there is the strong possibility his submitted paperwork was lost. As such, we elect to resolve any doubt in his favor. Therefore, in the interest of equity and justice, we 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 on 23 Sep 10, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04352 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 was considered: Exhibit A. DD Form 149, dated 9 Nov 11, w/atchs. Exhibit B. Applicant’s Master Military Personnel Records. Exhibit C. Letter, HQ USAF/DPTT, dated 24 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. Exhibit E. Letter, Applicant, dated 26 Feb 12, w/atchs.