RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04639 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: He was not briefed on the transfer of education benefits during his retirement out-processing. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Mar 10. 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 Exhibits C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial noting the applicant received pre- separation counseling for educational benefits prior to his retirement. The applicant has not provided sufficient documentation to show he submitted an application to transfer education benefits to his dependents. Under Title 38 United States Code (USC), Chapter 33, service members are allowed to transfer unused educational benefits to their dependent spouses and children. Any member of the Armed Forces, active duty or Selected Reserves, officer, or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI bill, has at least six years of services in the Armed Forces on the date of election, and agrees to serve a specified additional period of in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Sections 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; most noted the requirement to be on duty on the 1 Aug 09 effective date of the Post-9/11 GI Bill to be eligible to transfer benefits. Some articles mentioned that service members on active duty or in the selected reserve could transfer benefits. Notably, since 1 Aug 09, the Air Force approved over 50,000 transferability applications. DPSIT states 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 Jun 09 for the purpose of accepting transfer of benefits applications. The Directive Type Memo (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 USAF/DPSIT 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 Jan 12, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 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 the APPLICANT be corrected to show that on 28 Feb 10, he elected to transfer his Post-9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04639 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 10 Jul 11. Exhibit B. Applicant’s Master Military Records. Exhibit C. Letter, HQ USAF/DPSIT, dated 10 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 24 Jan 12.