RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02602 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to accomplish a Post-9/11 GI Bill transfer of educational benefits (TEB) to add his eligible daughter. ________________________________________________________________ APPLICANT CONTENDS THAT: He completed a Post-9/11 GI Bill TEB for one of his daughters while he was on active duty. When he applied for the TEB, just prior to his retirement, his second daughter was not 18 years and he was unaware that he could list both of his children, at that time, to receive the Post-9/11 GI Bill educational benefits. His current TEB only allows for one of his two daughters to received education benefits. However, his daughters are 18 years or older and are full-time students. He never received the original approval form letter at the time the benefits were transferred on 27 October 2009, stating he could add eligible dependents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents submitted by the applicant, he is a former member of the Regular Air Force who served from 16 December 1981 until his retirement on 31 December 2009. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the Department of Veterans Affairs (DVA), DoD, and the military services widely publicized the Post-9-11 GI Bill and the transferability feature. DOD developed a special website, hosted by the 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 education benefits applications. The DoD Directive Type Memo (DTM) and AFI 36-2306, Voluntary Education Program, states 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 August 2009, the effective date of the Post-9/11 GI Bill. The applicant was given adequate information and failed to follow through with the requirement to transfer benefits while on active duty. The applicant had ample time from the time of approval on 29 October 2009 to the time of his retirement on 31 December 2009 to transfer benefits to additional dependents. The applicant states he did not know that he could make corrections or add dependents. However, on the “submit transfer” request form, the applicant signed on 27 October 2009, under “Transferability of Education Benefits Acknowledgement”, item b is acknowledged. The applicant’s failure to act in a timely manner is not a basis for approval on the part of the Air Force. The complete AFPC/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 7 August 2012, for review and comment within 30 days (Exhibit C). To date, this office has not received a 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 an error or an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded that relief is warranted. In this respect, we note the applicant has provided documentation substantiating he was approved for the Transfer of Education Benefits (TEB) for one of his dependent daughters prior to his active duty retirement in October 2009. We note the comments of the Air Force office of primary responsibility indicating the applicant was given adequate information and acknowledged TEB Form Item b., but failed to follow through with the requirement to transfer benefits while on active duty. However, we believe that due to the TEB program being newly implemented and through no fault of the applicant, he was not fully aware of the TEB rules and requirements to transfer his benefits to both of his children. In view of this and noting the applicant did take affirmative action to transfer his educational benefits, we find a sufficient basis to conclude that he has been the victim of an injustice and therefore, 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 27 October 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependent daughters. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 27 March 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02602 was considered: Exhibit A. DD Form 149, dated 8 June 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 29 June 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 7 August 2012. Dear: Your application to the Air Force Board for Correction of Military Records, AFBCMR BC-2012-02602 has been finalized. The Board determined that the military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force. The office responsible for making the correction will inform you when your records have been changed. After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records. This determination is made by the Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the assembly and careful checking of finance records. It may also be necessary for the DFAS-IN to communicate directly with you to obtain additional information to ensure the proper settlement of your claim. Because of the number and complexity of claims workload, you should expect some delay. We assure you, however, that every effort will be made to conclude this matter at the earliest practical date. Sincerely, Attachments: 1. Record of Board Proceedings 2. Directive cc: DFAS-IN AFBCMR BC-2012-02602 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code it is directed that: The pertinent military records of the Department of the Air Force relating to, be corrected to show that on 27 October 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependent daughters.