RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01573 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: In August 2009, he elected to change his Montgomery GI Bill (MGIB) to the Post 9/11 GI Bill to be able to transfer education benefits to his dependents. On 5 February 2011, he submitted an application via the Veterans On-Line Application (VONAPP) for his spouse to use the education benefits. On 25 March 2011, he submitted a request for his son to use the education benefits. However, he was subsequently notified that his applications could not be processed due to the fact there was no record of his education benefits being transferred to his dependents. He again tried to transfer the education benefits and found out that he might not be eligible to transfer the benefits. The TEB office told him his request to transfer benefits had not taken place and that if he had submitted his request on line that he should have checked the system in a few days to check for the verification letter stating the transfer was approved. In support of his request, the applicant provides an expanded statement and copies documentation associated with his Post 9/11 application. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 September 2009. 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 Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial, indicating there is no evidence of an error or injustice. The applicant does not contend he was miscounseled or unaware of the website for the transfer of education benefits. He has not provided any documentation to support his contentions and there is no record the website was not properly working during the time frame in question. Since the transfer of education benefits is a web based application, the lack of a submission or confirmation should have been sufficient notice to the applicant that his attempts to transfer his benefits were unsuccessful. The Air Force Personnel center examined the applicant’s records and noted there was no indication of any activity in the system during the August 2009 or at any other time while he was on active duty. Furthermore, there were no known system problems that would have caused a transfer to be lost. The applicant has not provided any documentation to support his contention that he successfully transferred benefits. The applicant had the opportunity to ensure the application to transfer benefits was processed completely and failed to do so. The complete HQ USAF/A1PA evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes his application to transfer education benefits was not untimely. The base education center advised all personnel not planning to use the benefits for the fall semester to hold off applying until mid July 2009. He assumed his application was processed and his benefits were transferred. He followed up as soon as he was notified the transfer did not take place. He did not have a problem with the system because he did not receive any type of alerts or error message when he was submitting his application. The applicant’s complete response, with attachments, is at 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 the evidence provided sufficient to give the applicant the benefit of the doubt 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 on 31 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01573 in Executive Session on 10 November 2011, 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 19 Apr 11, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, HQ USAF/A1PA, dated 23 May 11. Exhibit D. Letter, SAF/MRBR, dated 17 Jun 11. Exhibit E. Letter, Applicant, dated 4 Jul 11, w, atchs. Acting Panel Chair