RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01867 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be authorized to transfer his Post-9/11 GI Bill Educational Benefits from one of his dependents to another. ________________________________________________________________ APPLICANT CONTENDS THAT: He was never told the distribution of his Transfer of Educational Benefits (TEB) between his children had to be done while he was still on active duty. In fact, he was told he could reallocate his TEB on the Defense Manpower Data Center (DMDC) website. He named all three of his children on his TEB request, but only allocated them to his oldest child since he was in college at the time. After his retirement, his oldest child had been inducted into the U.S. Naval Academy and did not need the benefits. His daughter needs the benefits this year. What he signed clearly states he can transfer benefits from one child to the next any time (TEB acknowledgement b). In support of his request, the applicant provides copies of his records from the DMDC website. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air National Guard on 31 Jul 10. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program 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 Aug 09, who is eligible for the Post-9/11 GI Bill, has at least six years of service in the Armed Force on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 GI Bill educational benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. For active duty credit IAW Public Law 100-252, § 3301, “In the case of members of the reserve component of the Armed Forces, service on active duty under the call or order to active duty under § 668, 12301(a), 12301(d), 12301(g), 12302, or 12304.” However, Reservists must have served on active duty 90 days or more (aggregate) beginning on or after 11 Sep 01 to qualify for Post 9/11 GI Bill TEB. In accordance with AFI 36-2306, Voluntary Education Program, Paragraph A9.18.7.2.3. “A veteran may modify entitlement or revoke entitlement among only those dependents who were designated to receive transferred benefits prior to separating from the Armed Forces.” The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends approval. A1Y contacted the Retention Office Manager (ROM) who helped the applicant obtain TEB information. When the applicant applied for the Post 9/11 GI Bill, he was not adequately counseled regarding the rules for the Post 9/11 Bill and TEB. He was not aware of the requirements to transfer benefits to all eligible dependents prior to his retirement. The applicant was under the impression, from the acknowledgement statements on the TEB website that he could modify the TEB request at any time before or after his retirement. The complete NGB/A1Y 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 16 Jul 12 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. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend his records be corrected as indicate below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 July 2010, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01867 in Executive Session on 8 Jan 12, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary was considered: Exhibit A. DD Form 149, dated 30 Apr 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 3 Jul 12. Exhibit D. Letter, SAF/MRBR, dated 16 Jul 12. Panel Chair 3