RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04773 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was never briefed regarding TEB during his transition briefings prior to his retirement. He provides no additional documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant retired effective 1 April 2010 in the grade of master sergeant after serving 26 years and 26 days on active duty. Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. The remaining 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: DPSIT recommends denial. DPSIT states members may have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 August 2009, was sufficient to “vest” them with the right to transfer benefits at some time in the future. Had those members sought clarification from an educational counselor, read the DoD or Air Force guidance that was very clear on that point, or take other measures to make timely decisions before their separation or retirement, they could have initiated a timely transfer of benefits. The applicant states he was never briefed during his transition briefings at Moody AFB prior to his retirement. This is incorrect; every TAP briefing is required to brief the MGIB and Post 9/11 benefits to members. On the applicant’s Pre- separation Counseling Checklist (26 October 2009), the applicant indicated he did not want any education counseling in regard to Post-9/11 GI Bill benefits. Also, during the applicant’s out- processing of the Education Center on 5 January 2010, the applicant could have asked about the Post 9/11 transfer benefit, but failed to do so. The applicant could have transferred benefits at any time between 26 October 2009 and his last day of active service 31 March 2010. They find there has been no injustice to the extent that the applicant did not receive adequate counseling as required by law and DoD regulation. The DPSIT complete evaluation, with attachments, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 November 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ _ 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 injustice. While it appears the applicant did not request a Post-9/11 GI Bill briefing prior to his retirement, it appears the only plausible explanation as to why the applicant did not elect to transfer benefits to his dependents at the time was lack of understanding on his part. Additionally, we do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. As such, we find in the interest of justice to recommend correction of his records 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 30 March 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-04773 in Executive Session on 2 July 2013, under the provisions of AFI 36-2603: Although Ms.XXX chaired the panel, in view of her unavailability, Mr. XXX has agreed to sign as Acting Panel Chair. All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 October 2012. Exhibit B. Letter, AFPC/DPSIT, dated 23 October 2012, w/atchs. Exhibit C. Letter, SAF/MRBR dated 6 November 2012.