RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04826 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. APPLICANT CONTENDS THAT: He was under the impression that his benefits were transferred to his daughters back in 2009. He worked with the educational counselor in 2009 and 2011. He made a good faith effort to transfer entitlement to his daughters while serving as a member of the Armed Forces. He was never notified via email or in writing that his application for TEB was denied. He completed 20 years of qualifying service, was eligible for retirement on 1 Aug 09 and did not have an additional service requirement. He was not given any paperwork but visually saw on the computer screen that each of his dependent daughters had 50 percent of his benefits. In support of his request, the applicant provides affidavits from family members that essentially state that they were under the impression that the applicant had transferred his benefits, email communique, Directive-Type Memorandum (DTM) 09-003: Post- 9/11 GI Bill dated 22 June 09, letters, pprevious AFBCMR cases that he believes supports his request for relief and various other documents associate with his request. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 14 Nov 84, he enlisted in the Regular Air Force. According to the applicant’s NGB Form 22, Report of Separation and Record of Service, on 16 Jul 98, he enlisted in the Air National Guard (ANG). On 30 Sep 11, the applicant retired from the ANG and was transferred to the Reserve Retired List, effective 1 Oct 11. He was credited with 23 years, 2 months, and 29 days of total active service. The applicant is eligible for the Post-9/11 G.I. Bill by virtue of having served at least 90 aggregate days on active duty after 10 September 2001. Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute. As the applicant was eligible for retirement prior to 1 Aug 09, he would not have incurred an active duty service commitment (ADSC) if he had transferred his benefits in 2009. AIR FORCE EVALUATION: NGB/A1Y recommends denial, indicating there is no record or documentation showing the applicant transferred his Post-9/11 GI Bill benefits prior to his retirement as required by and defined in Public Law (PL) No. 110-252 and Directive-Type Memorandum (DTM) 09-003. Additionally, the applicant has not provided evidence to support his claim that he applied to transfer benefits to his dependents. The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09 by virtue of the passage of PL No. 110-252, which was signed by the President on 30 Jun 08. PL No. 110-252, section 3319(f)(1) states in part, that “an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” On 22 Jun 09 (reissued 14 Sep 11), DoD published DTM 09-003 – Post-9/11 GI Bill. Both of these documents established policy for authorizing the transferability of education benefits. The ANG implemented a communication plan, using Retention and Retention Managers (RRMs), to serve as liaisons between NGB, DMDC, DVA and the 54 states/territories. The RRM is required to give briefings, as well as advertising the programs via internal media and communication tools. The applicant retired on 30 Sep 11 and there is no record that he attempted to transfer benefits to his dependents. The RRM for the applicant’s former unit indicated that she advertised and briefed the Post-9/11 GI Bill during that time period. Additionally, she indicated that she spoke with the applicant several times and discussed the service commitment and the importance of transferring in a timely manner. The applicant has qualifying service for Post 9/11 benefits and meets all other eligibility criteria to transfer the benefit to his dependent. A complete copy of the NGB/A1Y evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant admits that he spoke with the RRM about transferring his benefits and did his best to ensure he completed the process. However, he finds it disturbing that the RRM has a couple different versions or accounts. She checked the computer prior to his retirement and it showed each of his two dependent daughters had 50 percent of his benefit. The RRM stated that she does not remember talking to him. Additionally, he worked at a Detachment several miles from the base and had no other reason to see the RRM other than to accomplish the transfer. Prior to his retirement, he and the RRM worked together in her office because he could not access the .mil site without his CAC card that was taken away from him during his retirement outprocessing. The RRM advised him that everything was complete and did not mention that he should have received confirmation the transfer was completed. He believed everything was done. He still believes there was a computer glitch or data loss. The applicant’s complete response is at 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 note the Air Force Office of Primary Responsibility (OPR) recommends denial stating the applicant has not provided sufficient documentation that shows he transferred his Post-9/11 GI Bill benefits prior to his retirement. However, after carefully reviewing the evidence in this case it appears that through no fault of the applicant, he was not made aware of the steps necessary to transfer his benefits to his dependents. In this respect, we note that the member’s former RRM stated that she spoke with the applicant several times and discussed the service commitment. However, given that the applicant could have transferred his benefits on 1 Aug 09 without incurring an active duty service commitment, it appears there was no active duty service commitment to discuss. Therefore, it is our opinion the applicant was more likely than not miscounseled by the RRM as we simply do not find it reasonable that he would have knowingly elected not to take the necessary actions in order to qualify for this entitlement if he was in fact properly counseled. Therefore, in the interest of justice we recommend the applicant's 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 1 Aug 09, he elected to transfer his Post-9/11 GI Bill benefits to his eligible dependents. The following members of the Board considered AFBCMR Docket Number BC-2014-04826 in Executive Session on 14 Oct 15 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-2014-04826 was considered: Exhibit A. DD Form 149, dated 13 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1Y, undated, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 3 Jun 15. Exhibit E. Letter, Applicant, dated 29 Jun 15, w/atchs.