RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03206 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependent son. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not informed of the requirement to transfer his Post-9/11 GI Bill entitlement while he was a member of the Air National Guard. He would have transferred his benefits had he been informed. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Oct 09, the applicant retired from the Air National Guard in the grade of master sergeant (E-7). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial, indicating the Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. An individual may transfer the entitlement only while serving as a member of the armed forces when the transfer is executed. DoD developed a special website to facilitate the transfer of educational benefits. On 27 Jun 09, the website was operational for the purpose of accepting transfer of benefits applications. Both the Directive-Type Memorandum (DTM) and AFI 36-2306 state the transfer must be made while the member is serving in the Armed Forces on or after 1 Aug 09. Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. The ANG implemented a communication plan, using the Retention Office Managers (ROM) at each Wing to serve as spokespersons to disseminate information, to unit members, on the Post-9/11 GI Bill and Transfer of Educational Benefits (TEB) program using internal media, internal communication tools and external trade publications. The ROM and GI Bill point of contact at the time the applicant retired stated she conducted the same briefing provided by the National Guard Bureau, with every member, either in person or over the phone. The briefing contains a slide that states members have to transfer their benefits before they leave the military. Based on the facts provided, the applicant did not transfer his benefits to his dependents prior to his retirement and he has not provided any evidence that his failure to do so was the result of his being improperly briefed prior to retirement. A complete copy of the NGB/A1Y evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that the Post-9/11 GI Bill was received at his base on 1 Jul 09 and there was a lot of things going on with the base closing, Airmen transferring, retiring, and still flying aircraft. Although he cannot prove the phone conversation he had with the ROM, she did tell him that he could transfer his Post-9/11 GI Bill benefits at any time after he was approved. As soon as he found out about the benefit, approximately 15 Jul 09, he applied for the benefit. He reiterates that he was not informed that he was approved for the benefit until after he retired. A complete copy of the applicant’s response 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. 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 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 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependent. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03206 in Executive Session on 9 May 13, 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: Exhibit A. DD Form 149, dated 5 Jul 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, NGB/A1Y, dated 30 Nov 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 12 Mar 13. Exhibit E. Letter, Applicant, dated 9 Apr 13. Panel Chair