RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01291 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was provided incomplete and incorrect information about enrollment in the new Post 9/11 GI Bill and transferring his education benefits to his dependents. He discovered after retirement, that although he enrolled in the program while on active duty, he did not elect to transfer benefits. In good faith, he acted on this information while on active duty. He believes because he enrolled in the program utilizing the Department of Veterans Affairs (DVA) website rather than the Department of Defense (DoD) website, he missed the opportunity to request the transfer of education benefits (TEB) to his dependents. In support of his appeal, the applicant provides copies of information surrounding his retirement, including retirement orders, pre-separation checklists; copies of DVA enrollment and eligibility forms, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 26 Oct 84. He was relieved from active duty under the provisions of AFI 36-3203, on 30 Sep 09, with a reason for separation of voluntary retirement: sufficient service for retirement. He retired on 1 Oct 09 after serving over 24 years on active duty. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and: Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or Is or becomes retirement eligible during the period from August 1, 2009, through August 1, 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. For those individuals eligible for retirement on August 1, 2009, no additional service is required. For those individuals who have an approved retirement date after August 1, 2009, and before July 1, 2010, no additional service is required. For those individuals eligible for retirement after August 1, 2009, and before August 1, 2010, 1 year of additional service after approval of transfer is required. For those individuals eligible for retirement on or after August 1, 2010, and before August 1, 2011, 2 years of additional service after approval of transfer are required. For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, 3 years of additional service after approval of transfer required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIDR states every effort was made by the DoD, the Department of Veteran Affairs (VA), and the services to make sure that every eligible service member understood the process for transferring benefits. The transfer of education benefits system began accepting applications as of 27 June 2009 with an effective date no earlier than 1 August 2009. Many service members understood that the law only required that one be on active duty or in the selective Reserve as of 1 August 2009. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant indicates that he was aware of the TEB’s requirement to transfer benefits while on active duty. However, he believed the TEB was a part of the enrollment in the Post 9/11 GI Bill website on both the DoD website as well as the DVA website. While still on active duty he enrolled in the program and believed this process also initiated the process to transfer education benefits to his dependents. The applicant’s complete response is at Exhibit E. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ USAF/A1PA does not provide a recommendation. A1PA states that 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 Aug 09, 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. However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 Aug 09 and there would be no need to place the member on active duty since the TEB system allows for correction of the record by Air Force personnel. The HQ USAF/A1PA complete evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Aug 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit G). ________________________________________________________________ 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 that through no fault of the applicant he was not timely made aware of all of the steps necessary to transfer his benefits to his dependents. In addition, we find no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the 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: a. On 30 September 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 1 October 2009. b. Transfer of Post 9/11 GI Bill Educational Benefits is contingent upon the completion of the necessary paperwork, as indicated in the attached AFPC/DPSIT Memorandum, within 30 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01291 in Executive Session on 5 October 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Mar 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 7 May 10. Exhibit D. Letter, SAF/MRBR, dated 14 May 10. Exhibit E. Letter, Applicant, dated 6 Jun 10. Exhibit F. Letter, AF/A1PA, dated 30 Jul 10. Exhibit G. Letter, SAF/MRBR, dated 2 Aug 10. Panel Chair AFBCMR BC-2010-01291 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. On 30 September 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents, effective 1 October 2009. b. Transfer of Post 9/11 GI Bill Educational Benefits is contingent upon the completion of the necessary paperwork, as indicated in the attached AFPC/DPSIT Memorandum, within 30 days. Director Air Force Review Boards Agency Attachment: Letter , AFPC/DPSIT