RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01047 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he transferred his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He retired effective 1 Nov 09, but was on terminal leave and permissive temporary duty (TDY) during the period 5 Sep through 31 Oct 09. Because of the demands associated with turning over his position to the incoming superintendent, planning his retirement and career transition, and traveling to his Department of Veterans Affairs (DVA) medical appointments, he was not made aware that he had the option to transfer his educational benefits to his dependents while he was still on active duty. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, AF Forms 988, Leave Request/Authorization, and retirement orders. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served on active duty from 17 Nov 86 though 31 Oct 09. On 1 Nov 09, he was retired for length of service in the grade of senior master sergeant (E-8) and was credited with 22 years, 11 months, and 14 days of total active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibits C. ________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA indicates that both the Department of Defense (DoD) and Department of Veterans Affairs (DVA) widely publicized the Post- 9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of education benefits (TEB). The website was operational on 27 Jun 09 for the purpose of accepting transfer of benefits applications. The published guidance at the time indicated the transfer must be made while the member is serving in the Armed Forces. The Air Force, in implementing its guidance, developed a comprehensive communication plan which included the use of internal media, internal communication tools, and external trade publications. There were various news articles about the program; most noted the requirement to be on duty on the 1 Aug 09 effective date to be eligible to transfer benefits. Notably, since 1 Aug 09, the Air Force approved over 41,000 transferability applications. Notwithstanding the above, the Board could find there was an injustice if a member was on active duty on 1 Aug 09, but did not receive counseling about the need to execute the TEB while serving in the Armed Forces and did not have ready access to published DoD and Air Force guidance at the time their terminal leave began. A complete copy of the AF/A1PA 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 6 May 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. 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 his eligibility and the steps necessary to transfer his benefits to his dependents. In addition, we find no basis to question his 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 the APPLICANT be corrected to show that the transfer of his Post-9/11 GI Bill Educational Benefits will be executed in accordance with his expressed preferences contingent upon the completion of the necessary paperwork within 30 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01047 in Executive Session on 29 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Apr 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 27 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 6 May 11. Panel Chair