RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03688 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: Due to miscommunication about signing up for the Post 9/11 GI Bill transfer of education benefits (TEB), he was not afforded the opportunity to sign up his youngest son for the benefit. He was in Korea when he signed up for the program and the information was not very clear. He was told that in order to start the process, he had to sign up and add at least one month to a child for, which he did, and that he could add other dependents at a later date. He would not have intentionally left one of his sons off this great benefit. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of master sergeant effective 1 Apr 11, after serving 25 years, 4 months, and 9 days of active duty service. Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. DPSIT states that the applicant did not provide adequate justification/documentation. He received two pre-separation counseling sessions, one on 16 Jun 10 and the other on 18 Oct 10 for educational benefits prior to his retirement on 1 Apr 11. The applicant states that, “he would not have intentionally left one of his sons off this great benefit that he worked hard for.” However, the “Submit Transfer Request form,” shows that he did just that. Also, per the notes from Right Now Technology (RNT) records, dated 8 Apr 10, the applicant asked the question if everything was good with the transfer of benefits to his children. At this time the applicant had the opportunity to verify that each of his dependents had the number of months assigned that he wanted to give to them. He also had the opportunity to ask questions about the Transfer of Benefits when he out-processed the Education Center on 28 Nov 10. The Air Force issued AFI 36-2306, Voluntary Education Program, on 23 Jul 09, which was subsequently replaced with AFI 36-2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre-separation counseling, documented on DD Form 2648, Pre-Separation Counseling Checklist. However, 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. 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 DoD regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, the Board may approve the member's request. The complete DPSIT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He signed up in 2009, and did what he was told to do, to sign up one child and that would get him in the system, and then he would be able to add others at a later date. The recommendation letter stated that he made a phone call asking if everything was up to standards, on his part, so that his oldest son could attend school. That is a fact; however, what was missing from the recommendation was the reason that he called. He was stationed at an Air National Guard base and because their educational benefits differ from active duty, he was directed to call for information since his base could not provide the information. The recommendation letter mentions that he attended two Transition Assistance Program (TAP) briefings, which he did, but that was because the first one was so poor that he had to travel four hours to Florida, at his own expense, to attend another one. His complete response 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 the applicant was not provided sufficient information/instructions for completing the transfer for his dependents. In this respect, according to the RNT records, on 8 Apr 10, the applicant inquired as to whether his children were “good” with respect to the TEB. Although, the OPR does not feel he exercised reasonable diligence in verifying that his dependents had the appropriate numbers of months assigned, we find the evidence presented sufficient to conclude the applicant was not properly counseled on how to use this important benefit. Therefore, to preclude an injustice, 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 31 Mar 11, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered Docket Number BC-2012-03688 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Jul 12. Exhibit B. Letter, AFPC/DPSIT, dated 24 Aug 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 29 Aug 12. Exhibit D. Letter, Applicant, dated 15 Sep 12.