RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04575 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The applicant submitted two DD Forms 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552 requesting the following corrections: a) His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect his overseas duty. b) He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He never received a DD Form 214 nor was he given credit for the time he served at Prince Sultan Air Base, Saudi Arabia during the period 14 Jul 01 to 30 Jul 01. 2. He retired in Sep 10, but was unaware he had to transfer his Post 9/11 benefits prior to his retirement. The Post 9/11 GI Bill transfer requirements were not part of his unit out- processing procedures until Dec 10, approximately three months after he retired. In support of his request, the applicant provides a copy of his unit out-processing checklist. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Sep 10, the applicant retired in the grade of master sergeant. On 1 Feb 12, ARPC/DPTS notified the applicant they were unable to correct his DD Form 214 to reflect his overseas duty for Operation SOUTHERN WATCH at Prince Sultan Air Base, Saudi Arabia during the period 14 Jul 01 to 30 Jul 01. Per AFI 36-3202, Separation Documents, the DD Form 214 is issued for 90 days or more continuous active duty service or in support of a contingency operation. Operation SOUTHERN WATCH is not one of the authorized contingencies warranting a DD Form 214. 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 C. ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPTT recommends denial of his request to transfer his Post 9/11 GI Bill benefits. DPSIT states Post 9/11 GI Bill, Chapter 33, became effective 1 Aug 09 based on Post 9/11 Veterans Education Assistance Act of 08. It is the result of Public Law No 110-252 signed by the President on 30 Jun 08. Section 3319 (f)(1) which states in part, that “an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” As early as Apr 09, Veterans Administration, Air Force and Air Reserve Components, and in fact all services, published articles in service related newsletters and web sites explaining the program benefits and requirements. DPTT states that although the applicant would have been otherwise eligible for the benefit per the “Verification of Member’s Active Duty Service” memo dated 10 Jan 12; based on the facts provided, the applicant did not transfer his Post 9/11 GI Bill benefits to his dependents prior to his established retirement date as defined in Public Law No 110-252. The complete DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: By letter dated 19 Mar 12, the applicant reiterates his contention that he was unaware he had to transfer his Post 9/11 benefits prior to his retirement. The applicant’s complete response, with attachments, 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s DD Form 214 to reflect his overseas duty. We note the applicant was advised in DPTS’s letter, dated 1 Feb 12, that in accordance with AFI 36-3202, table 2, the DD Form 214 is only issued for 90 days or more continuous active duty service or in support of a contingency operation. Operation SOUTHERN WATCH is not one of the authorized contingencies warranting a DD Form 214. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. Notwithstanding the above, 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 the applicant was not aware of the steps necessary to transfer his benefits to his dependents. We also do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, in the interest of justice, we find the evidence sufficient to grant his request to transfer his benefits. In view of the above, we recommend the records be corrected to the extent 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 August 2010, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2011- 04575 in Executive Session on 13 Sep 12, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04575 was considered: Exhibit A. DD Forms 149, dated 5 Nov 11 and 30 Nov 11, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPTT, dated 1 Feb 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. Exhibit E. Letter, Applicant, dated 19 Mar 12, w/atchs. Panel Chair