RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03266 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits (TEB) to her dependents. APPLICANT CONTENDS THAT: She transferred her Post-9/11 GI Bill Education Benefits to her daughters on 30 Mar 10. Her TEB was approved on 1 Apr 10 and on 1 Jul 10 she honorably retired. In Aug 10, one of her daughters started using her approved benefits and did so for a total of 9 months and 13 days. However, in Apr 14, she received a letter from the Department of Veterans Affairs (DVA) informing her that the TEB to her daughters was approved in error and her daughters were unable to receive any additional benefits from the DVA. In more detail, the letter stated that she did not fulfill her active duty service commitment (ADSC) obligation. When she contacted the DVA she informed them that she had never heard of an obligated service requirement and should not be punished for never being briefed of said requirement. She then contacted AFPC and informed them of the DVA's decision to deny her transfer. AFPC informed her that everything should have been good-to-go and she had in fact made the cut-off for transferring her benefits to her daughters. After further research the applicant found that, Directive-Type Memorandum (DTM) 09-003, 22 Jun 09: Post-9/11 GI Bill Paragraph 3.a.(3)(b) of Attachment 2 (Procedures) states, "For those individuals who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service is required." In this respect, she believes the confusion is because her last date of active service was 30 Jun 10 and her actual retirement was 1 Jul 10. Additionally, DTM Paragraph 3.b. of Attachment 1 (Responsibilities) states, "Ensure that all eligible active duty members and members of the Reserve Components are aware that they are automatically eligible for educational assistance under the Post-9/11 GI Bill program upon serving the required active duty time as established in chapter 33 of Reference (a)." She was never briefed, individually or as a group, about the Post-9/11 GI Bill and if she had been properly counseled, she would have moved her retirement date up to 1 Jun 10. In support of her appeal the applicant submits, the DVA letter dated 14 Apr 14. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: During the events under review, the applicant was serving in the Regular Air Force in the grade of technical sergeant (E-6). On 3 Aug 09, the applicant’s retirement application was approved with a retirement date of 1 Jul 10. On 30 Mar 10, the applicant applied and was approved for TEB. In accordance with Directive-Type Memorandum (DTM) 09-003, Post- 9/11 GI Bill, dated 22 Jun 09, Para 3.a.(3)(b): “For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required.” Since the applicant retired on 1 Jul 10 and not before, she missed the window of eligibility to transfer benefits with no active duty service commitment (ADSC) by 1-day. The applicant’s Total Active Federal Military Service Date (TAFMSD) is 16 May 90. In accordance with DTM 09-003, Post-9/11 GI Bill, dated 22 Jun 09, Para 3.a.(3)(c): “For those individual eligible for retirement after 1 Aug 09, and before 1 Aug 10, one year of additional service from the date of request is required.” Based on her TAFMSD, she would have been eligible to transfer her benefits with a one-year ADSC. According to her DD FM 214, Certificate of Release from Active Duty, the applicant separated from the Regular Air Force effective 30 Jun 10, having served 20 years, 1 month and 15 days. The narrative reason for her separation was “Voluntary Retirement: Sufficient Service for Retirement.” The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. In accordance with AFI 36-2306, Attachment 9, A9.18.l.4.3, "For those members who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service is required.” Since the applicant’s official retirement date is 1 Jul 10, she could not qualify under this criterion. The applicant’s initial TEB application should not have been approved by the TFSC on 30 Mar 10 as she would have incurred a 1-year ADSC with TEB approval. If the Board finds that an injustice has occurred and decides to approve the applicant's request, TEB approval effective 30 Mar 10 would be restored and the obligation end date changed to 1 Aug 09 (no obligation). A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 09 Dec 14 for review and comment within 30 days (Exhibit D). She disagrees with the recommendation of AFPC/DPSIT and asks that the Board consider the following to reinstate her eligibility: When she signed up for the Post 9/11 GI Bill in 2010, she already had an approved retirement date of 1 Jul 10. However, she became "eligible" for retirement before 1 Aug 09, therefore, according to the Statement of Understanding (SOU) which she signed, no additional service was required. She believes there seems to be some confusion with the terms "eligible" and "approved" when it comes to military retirements. Per the myPers website, a military member is "eligible to retire on the first day of the month following completion of 20 years of Total Active Federal Military Service.” She completed 20 years of service 16 May 09, and was "eligible" for retirement 1 Jun 09. Furthermore, since the DoD Fact Sheet on Post 9/11 GI Bill Transferability, dated 28 Apr 09, covers members approved retirement dates between 1 Aug 09 to before 1 Jul 10, for only 11 months, as in her case, but covers all other eligible retirements for 12 months (1 Aug 09 to 1 Aug 10; 1 Aug 10 to 1 Aug 11; and 1 Aug 11 to 1 Aug 12), she respectfully request that her eligibility be reinstated without incident. In support of her rebuttal the applicant provides a signed copy of her SOU, myPers website print out, and DoD Fact Sheet on Post 9/11 GI Bill Transferability. A complete copy of the applicant’s rebuttal is at Exhibit E. Examiner’s Note: The applicant claims that she was retirement eligible before 1 Aug 09; however, after a thorough review of the applicant’s records in the Automated Records Management Service, there is no documentation to support this date. In this respect, the applicant would have completed her 20 years of Total Active Federal Military Service on 16 May 10 (not 16 May 09) and under this rule would have incurred a 1-year ADSC with approval to transfer her benefits. Therefore, the board should consider her “approved retirement date” of 1 Jul 10 and the fact she missed the window of eligibility to transfer her benefits without incurring an ADSC by 1-day. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. 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. 4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action regarding the applicant's TEB. We note the comments of the Air Force office of primary responsibility; however, considering she was never properly informed on the 1-year ADSC requirement and the TFSC erroneously approved her initial TEB application, we find it is in the interest of justice to grant the requested relief. Furthermore, since her approved retirement date was 1 Jul 10, the applicant missed the window of eligibility to transfer her benefits without incurring an ADSC by 1-day. As such, we find it reasonable to believe that had her initial application for TEB been denied, she would have had the opportunity to correct the error prior to her retirement. In this regard, the applicant indicates that had she been properly briefed, she would have changed her retirement date to 1 Jun 10, thus allowing her to transfer her TEB with no ADSC obligation. Therefore, in the interest of justice we recommend her records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. Effective 1 Aug 09, she elected to transfer her Post- 9/11 GI Bill Educational Benefits to her dependents. b. On 30 Jun 10, she was not relieved from active duty, but was continued until 31 Jul 10. c. On 31 Jul 10, she was relieved from active duty and on 1 Aug 10 she retired from the United States Air Force. The following members of the Board considered AFBCMR Docket Number BC-2014-03266 in Executive Session on 11 May 15, under the provisions of AFI 36-2603: The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Aug 14, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT dated 20 Oct 14. Exhibit D. Letter, SAF/MRBR, dated 9 Dec 14. Exhibit E. Applicant’s Rebuttal, dated 24 Dec 14, w/atchs.