RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03098 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: His eligibility for Post-9/11 GI Bill educational benefits was not established when he retired. On 11 May 10, he was approved for the benefits; however, this happened after he retired on 1 Oct 09. Since then he has been unable to transfer his benefits to his dependents. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Oct 09, the applicant retired in the grade of master sergeant. He served 22 years, 2 months, and 15 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the member did not provide adequate justification/documentation. On 28 May 09, the applicant received pre-separation counseling. On 23 Jul 09, the applicant had the opportunity to ask questions about the TEB when he out-processed the education center. On 11 May 10, the applicant was approved for Post-9/11 GI Bill educational benefits; however, this was for him and not his dependents. There is no record of the applicant making a Transfer of Educational Benefits (TEB) to his dependents. The complete DPSIT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Sep 12, for review and comment within 30 days (Exhibit C). As of this 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 error or injustice. We note the comments of the Office of Primary Responsibility (OPR) concerning the steps the Air Force took to inform eligible personnel of their ability to transfer Post-9/11 GI Bill educational benefits to their eligible dependents. We also note the applicant received pre-separation counseling on 28 May 09, and indicated that he wanted counseling for educational benefits prior to his 1 Oct 09, retirement. However, we find no evidence that he ever received the requested counseling and note that he out-processed on 23 Jul 09, after the requirement for the services to provide and document individual pre-separation counseling on this important benefit and the establishment on 27 Jun 09, of the Department of Veterans Affairs (DVA) website for electing to transfer such benefits to eligible dependents. Moreover, as indicated by the OPR, the Air Force did not engage in a service-wide effort to seek-out members who were already on terminal leave or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill educational benefits. Although he may have been aware that his dependents met the eligibility requirements for transferability, it appears that he was not provided sufficient information/instructions for completing the transfer while he was on active duty. In view of the above, and since he was eligible to elect to transfer educational benefits because he was still on active duty on 1 Aug 09, we recommend his records be corrected to the extent indicated below. Therefore, in the interest of justice, we find the evidence presented 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 September 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2012- 03098 in Executive Session on 11 Feb 13, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. Although, chaired the panel, in view of his untimely death, has signed as Acting Panel Chair. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03098 was considered: Exhibit A. DD Form 149, dated 12 Jul 12, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 10 Sep 12. Acting Panel Chair