RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03923 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to convert his Montgomery GI Bill (MGIB) to the Post-9/11 GI Bill and transfer a portion of this entitlement to his family members. ________________________________________________________________ APPLICANT CONTENDS THAT: He was on terminal leave in Jul 09 and would have transferred benefits to his dependents prior to his retirement on 1 Nov 09. He queried the education office about converting his entitlement; however, they did not have enough information on the subject, but said he would be able to transfer everything after he retired. He once again queried the education officer after his retirement and was told that he could not convert his MGIB to the Post 9/11 GI Bill because he was required to make the election prior to his retirement. He should be afforded the same opportunities as other veterans who retired during the first few months of the new policy and were allowed to take advantage of the entitlement. In support of his request, the applicant provides a Navy Times article, titled “Some Army, Air Force retirees can still get GI Bill transfers”, copies of his Retirement Orders, and DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of master sergeant effective 31 Oct 09 after serving 22 years, 8 months, and 26 days 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 1 Aug 09, who is eligible for the Post-9/11 GI Bill, and: • Has at least six years of service in the Armed Forces on the date of election and agrees to serve four 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 four 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 1 Aug 09, through 1 Aug 13. 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 1 Aug 09, no additional service is required. • For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required. • For those individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10, one year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, two years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after 1 Aug 11, and before 1 Aug 12, three years of additional service after approval of transfer required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. However, if the Board finds there was an injustice to the extent that the applicant did not receive adequate pre-separation counseling, as required by law and DoD regulation, and was not personally notified about the need to transfer benefits while serving in the Armed Forces, DoD has provided the Air Force with the technical/operational capability to execute the transfer without a need for the Board to return the member to active service. DPSIT states in part, service members enrolled in 38 U.S.C., Chapter 33 (Post-9-11 Educational Assistance), are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 August 09, who is eligible for the Post-9-11 GI Bill, has at least 6 years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9-11 benefits to their dependents pursuant to Service regulations. The transfer of Post 9-11 GI Bill benefits must be initiated while the member is serving in the Armed Forces, which is defined as limited to those on active duty or in the Selected Reserve. The Air Force issued AFI 36-2306, Voluntary Education Program, on 23 July 09, which was subsequently replaced with AFI 36-2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre-separation counseling, documented on DD Form 2648, Pre-Separation Counseling Checklist. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre- separation counseling, in order to provide them with additional counseling on the Post-9-11 GI Bill. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 Nov 11, a copy of the Air Force evaluation was forwarded to the applicant 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 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 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 on 31 Oct 09 he elected to transfer his Post 9/11 GI Bill Educational Benefits to a dependent, effective 1 Nov 09. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03923 in Executive Session on 27 Mar 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: Exhibit A. DD Form 149, dated 26 Sep 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 31 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 18 Nov 11. Panel Chair