RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01270 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: His Transfer of Educational Benefits (TEB) was modified by someone else after he submitted it in 2009. He originally allocated 18 months to each of his daughters. It now only reflects his oldest daughter with the 18 months allocated to her. The rest of his family and the remaining 18 months of eligibility have disappeared from the form. He requests that the TEB be corrected to reflect his daughter and the 18 months of VA benefits he allocated to her in Aug 2009. When he originally completed the TEB on-line in 2009, he and his entire family appeared on the form. He checked all the appropriate boxes, including the transfer of benefits to his daughters, allocating 18 months of his 36 months to each of his daughters. He had no reason to suspect the information he entered would ever change after he submitted the information. He did not change the data himself or authorize anyone else to modify his TEB. He had no reasonable explanation for the corruption of the TEB data. He obviously executed his TEB. It is reasonable to expect the data he originally entered be restored so that his daughter can receive her benefit. It has been suggested that he submit a "screen snap shot" of his original TEB as evidence that he allocated 18 months to his daughter. At the time he submitted the TEB, it did not occur to him to make such a copy. There is no "print button" associated with the form. Unlike internet purchases, he did not receive an e-mail verifying the data he submitted. He trusted that the data he submitted would remain unchanged until he changed it, as any reasonable person would. His oldest daughter received her portion of the Post 9/11 GI Bill benefits and he had no reason to know that his other daughter’s data had been removed and thus not show up in the Department of Veterans Affairs (DVA) system. He retired in Jun 2011 and submitted his retirement request six months prior to his retirement. He never received any warning that he should verify his TEB prior to his retirement date and make a copy of his TEB screen. Obviously, had he any notion that there could be a problem; he would have taken care of it sooner. He served his country faithfully for over 27 years. He held a Top Secret security clearance for most of that time. He was an officer recognized by Congress, entrusted with the safeguarding thousands of lives and hundreds of millions of dollars worth of equipment. He believes to prevent an injustice the Board should take his word as truth, correct his TEB, and help out a fellow airman trying to put an amazing young woman through college. In support of his request, he provides copies of a signed, notarized affidavit, VA Form 21-4138, Statement in Support of Claim, and a photograph of his daughter. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 Jun 2011, the applicant retired from the Air National Guard (ANG) in the grade of lieutenant colonel (Lt Col, O-5). Post 9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, 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 2009, through 1 Aug 2013. 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 2009, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. * For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, one year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, two years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, three years of additional service after approval of transfer required. ________________________________________________________________ AIR FORCE EVALUATION: NGB/AlYR recommends approval. A1Y states they contacted the Retention Office Manager (ROM) who stated the applicant came to her office prior to his retirement with questions concerning his transfer request to both his daughters. The ROM stated that he understood the transfer needed to be accomplished before he retired. He advised the ROM he had already completed the transfer on the TEB website for his daughters and was only waiting for approval. As he was not a member of the ROM’s unit, she contacted the applicant’s ROM, who assured her he had in fact submitted the transfer request for his daughters. When the applicant next contacted the ROM, it was to inform her that his oldest daughter was the only child receiving benefits and that his younger daughter was no longer listed. The complete A1Y evaluation is at Exhibit C. NGB/A1PS concurs with A1Y and recommends approval of the applicant’s request to transfer his Post-9/11 GI Bill benefits to his younger daughter. The complete A1PS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 Jun 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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 an error or injustice. After a thorough review of the facts and circumstances of this case, we believe the applicant has suffered an injustice. In this respect, we note that the Retention Office Manager states the applicant submitted a request to transfer his benefits to both his daughters. However, for reasons unknown, it appears that only one of his daughters received the Post 9/11 GI Bill benefit. Based on the available evidence, we believe the applicant exercised due diligence in taking the necessary steps to transfer his benefits to his dependents. In view of the above and in the interest of justice, we find the evidence sufficient to grant the requested relief. Accordingly, we recommend his 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 2011, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01270 in Executive Session on 13 Sep 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered in AFBCMR BC-2012- 01270: Exhibit A. DD Form 149, dated 22 Mar 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, NGB/A1Y, dated 8 Jun 2012. Exhibit D. Letter, NGB/A1PS, dated 11 Jun 2012. Exhibit E. Letter, SAF/MRBR, dated 25 Jun 2012. Panel Chair