RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03441 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill educational benefits to his daughter. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He completed the submission portion of the Transfer of Educational Benefits (TEB) for his daughter in Sep or Oct 09, transferring 100 percent of his benefits at that time. However, he has now found out that there is no record of his submission. He inquired during his Transition Assistance Program (TAP) briefings on whether he needed to take any additional actions; he was told the actual transfer of benefits portion is completed through the Department of Veterans Affairs (DVA). The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 31 Dec 10, the applicant was relieved from active duty with a reason for separation of Voluntary Retirement: sufficient service for retirement. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, noting the applicant did not provide adequate justification or documentation. On 13 Sep 10, he received pre-separation counseling, including education benefits, prior to his retirement. In Sep or Oct 09, he "transferred" his education benefits to his daughter, but there is no record of him doing the transfer. DPSIT notes, he also had the opportunity to ask questions about the TEB when he out-processed through the Education Center on 30 Sep 10. If the Board finds there was an injustice to the extent that the member did not receive adequate pre-separation counseling, as required by law and Department of Defense (DoD) regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, the Board may approve his request. The complete DPSIT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He called the education office on Yokota AB back in Sept or Oct 2009, to ask what he needed to do to transfer Post-9/11 GI Bill benefits to his dependent daughter. He was instructed to access the Air Force Portal to complete the transfer portion and that the rest is handled thru the DVA. He followed their instructions and accessed the site thru the Air Force Portal back in Sept or Oct 09, and distinctly remembers entering a database with his wife and daughter's names being visible with a drop box underneath their names displaying number percentages. He selected 100 percent underneath his daughter's name and completed the process. Subsequently, he had a permanent change of station in Oct 09 but never received any emails or correspondence after completing the transfer of benefits process. He did received pre-separation counseling on 13 Sep 10 for educational benefits prior to retirement; however, the counseling only covered what benefits were available and to whom and also that transfer of benefits needed to be accomplished while on active duty. Since, he had completed that portion of the process the information was not new to him. His issue is that at no time during the pre-separation briefing or out- processing the Education Center did anyone inform him how to or the need to verify his transferal status. He had no visible indicators that the transfer had not been successful. He provides a copy of his education record, DD form 214 and out- processing checklist prior to retirement. Under the Education Center portion it states "Out-process the education center if you are currently enrolled in classes or have outstanding grades or tuition reimbursement," these were the requirements to out process that area. They never discussed or presented his Post- 9/11 GI Bill status, as a matter of fact the only status indication on his USAF education records is for the Montgomery GI Bill. There is no indication of the Post-9/11 GI Bill status on his DD form 214. He is not claiming he was not aware of the requirement to transfer benefits while on active duty, he believed he had done so, but there was nothing visible to make him aware of what his status actually was in this regard. He would hope that his 26 years of honorable service would inform the Board of his truthfulness in explaining the circumstances in this matter and help correct this grievous error. The applicant’s complete response, with attachments, is at Exhibit D. ________________________________________________________________ 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 properly counseled regarding the steps necessary to transfer his benefits to his dependents. We do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. As such, in the interest of justice we find the evidence is sufficient to recommend approval of his request. Therefore, we recommend the record 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 31 Dec 10, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03441 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 pertaining to AFBCMR Docket Number BC-2012-03441 was considered: Exhibit A. DD Form 149, dated 23 Jul 12. Exhibit B. Letter, AFPC/DPSIT, dated 14 Aug 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12. Exhibit D. Letter, Applicant, undated, w/atchs.