RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05696 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: During out-processing he was not briefed that his Transfer of Educational Benefits (TEB) was an option. He would like to assist his dependents in furthering their education. In support of his request, the applicant provides copies of his retirement orders and Department of Veterans Affairs (DVA) Certificate of Eligibility. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant separated on 31 Jul 2009, with an effective retirement date of retired 1 Aug 2009. Post-9/11 GI Bill Transferability: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states that the applicant retired effective 31 Jul 2009. 38 USC, Chapter 33, § 3319 (f) (1) states "an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." Therefore, DPSIT finds there has been no injustice to the extent that the service member did not receive adequate counseling as required by law and DoD regulation. The DVA, the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website system was operational on 27 Jun 2009 for the purpose of accepting transfer of benefits applications. The DTM and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 Aug 2009, the effective date of the Post-9/11 GI Bill. On 3 Jul 2009, the Air Force issued AFI 36-2306, Voluntary Education Program, which 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 11 Jan 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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 warranting corrective action regarding the applicant's TEB. We note the comments of the Air Force office of primary responsibility; nonetheless, based on the evidence of record and that provided by the applicant, we find it reasonable to believe that had the applicant been properly briefed on the extension requirements for his entitlement to the benefits of the TEB, he would have requested the one-month extension needed. In this respect, we note that Air Force members similarly situated to the applicant were provided the opportunity to extend their service solely to qualify to transfer their benefits, which were routinely approved by the Secretary of the Air Force. Therefore, based on the evidence presented, we recommend the applicant's record 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: a. On 31 Jul 2009, he was not relieved from active duty, but was continued until 31 Aug 2009. b. On 1 Aug 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to a dependent effective 31 Aug 2009. c. On 31 Aug 2009, he was relieved from active duty and on 1 Sep 2009, he was voluntarily retired. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 24 Sep 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. Due to the unavailability of Mr. XXXXX, Mr. XXXXX will sign as the Acting Panel Chair. The following documentary evidence was considered in AFBCMR BC-2012-05696: Exhibit A. DD Form 149, dated 3 Dec 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 20 Dec 2012. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 2013. Acting Panel Chair 2 2