RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04949 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependent son while he was on active duty. ________________________________________________________________ APPLICANT CONTENDS THAT: In November 2009, he accomplished the required actions through the Virtual Military Personnel Facility (vMPF) to transfer his educational benefits, but now the Veteran’s Administration (VA) and the Air Force Personnel Center (AFPC) say there is no record of his making the transfer. This is a system error. He designated his son, and chose the 36-month option. He saw no option within the system to print a receipt. He retired out of a small office in Crystal City, Arlington, VA which was supported by MacDill AFB, Florida. When he out-processed through the Educational Office at Bolling AFB, DC, no mention was made of Post-9/11 GI Bill TEB, and he did not ask since he had already accomplished the required transfer. The applicant’s complete submission, with attachment, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant served in the regular Air Force, retiring on 1 Feb 10 after 30 years of service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. The applicant did not provide adequate justification or documentation to support his applying for TEB in Nov 09. There is no record of the applicant applying for the benefits in the TEB system or any Right Now Technology records. 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 benefits while serving in the Armed Forces, the Board may approve the applicant’s request. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his contention he did, in fact, sign up for TEB in the Fall of 2009 through the vMPF. The AF advisory assumes the TEB System and Right Now Technology are without flaw and never have errors. As for the statement in the advisory concerning his not receiving adequate pre-separation counseling, he never received pre-separation counseling about TEB and was never notified about the need to transfer his benefits while serving in the Armed Forces. He only heard others in his office talking about TEB. His office in Crystal City, Alexandria, VA received minimal administrative support from MacDill AFB. He believes either the system had an error and lost his record or he made an error in transferring the benefits due to lack of support and information (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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, to include his rebuttal response to the Air Force advisory opinion. While we note the comments of the Air Force office of primary responsibility, it appears through no fault of the applicant he did not receive proper counseling concerning the steps necessary to transfer his benefits to his dependents due to the timing of his retirement, his geographical separation from his unit, and the infancy of the program. Therefore, we recommend the records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 31 January 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04949 in Executive Session on 12 Aug 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-2012-04949 was considered: Exhibit A. DD Form 149, dated 20 Oct 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 30 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. Exhibit E. Letter, Applicant, dated 19 Dec 12