RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03933 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill education benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: In an effort to facilitate the handover of his responsibilities, he requested to move his retirement, which was approved for 1 August 2009, to 1 July 2009. He would have delayed his retirement to August 2009 had he known the transfer of education benefits under Post-9/11 was available. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force in the grade of lieutenant colonel (O-5) during the matter under review. On 18 March 2009, the applicant’s commander approved his request to adjust his approved retirement date from 1 August 2009 to 1 July 2009 as approval of the request was in the best interest of the Air Force. On 1 July 2009, the applicant retired and was credited with 22 years, 6 months, and 22 days of total active service. Given the applicant’s service since 10 September 2001, he qualified for benefits under the Post 9/11 GI Bill in his own right. Had he served on active duty on or after 1 August 2009, he would have qualified to transfer said benefits to his dependents without incurring the commitment to perform additional service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the requested relief noting that the BCMR has approved an adjustment to the retirement date of service members who retired between 1 July 2009 and 31 July 2009 to 1 August 2009 to facilitate TEB approval. Since the program was new and information was sporadically dispersed, it is reasonable to assume the applicant would have extended his retirement date a month to qualify for the TEB program had he been properly advised. Service members of the Armed Forces who, on or after 1 August 2009, eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election and agreed to serve (if applicable) a specified additional period from the date of election, may transfer unused Post-9/11 GI Benefits to their dependents. The transfer of such entitlements must be done while the service member is on active duty. The Air Force used internal media, internal communication tools, and external trade publications via the Air Force Personnel Center (AFPC) Commander and the Education and Training Sections at each installation to disseminate information regarding the transfer of education benefits to service members. The Department of Veterans Affairs (DVA), the Department of Defense (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 June 2009 for the purpose of accepting transfer of benefits applications. A complete copy of the AFPC/DPSIT 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 6 January 2014 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends that had he known of the opportunity to transfer his education benefits under the Post 9/11 program, he would not have voluntarily requested to adjust his already approved 1 August 2009 retirement so that he could retire on 1 July 2009. 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 and because of this, requested that his already approved 1 August 2009 retirement be adjusted to be effective 1 July 2009. We also do not find it reasonable to believe that he would have knowingly elected to move up his retirement date by one month had he known the implications of doing so would have compromised his potential eligibility for this important benefit. Therefore, we believe that had he been properly counseled on the requirements necessary to transfer his benefits, he would not have voluntarily elected to retire a month prior to his already approved retirement date of 1 August 2009, but would have still been on active duty when the Air Force offered members such as the applicant, who had an approved retirement date between 1 July 2009 and 1 August 2009, the opportunity to extend their service to 31 August 2009 for the purpose of qualifying for TEB. Therefore, we believe it appropriate to correct the applicant’s records 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 30 June 2009, he was not relieved from active duty, but on that date, he continued to serve on active duty until 31 August 2009. b. On 31 August 2009, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependents. c. On 31 August 2009, he was relieved from active duty and retired, effective 1 September 2009. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03933 in Executive Session on 26 June 2014, 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 15 Aug 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSIT, dated 27 Aug 13. Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14. DEPARTMENT OF THE AIR FORCE WASHINGTON DC Office of the Assistant Secretary AFBCMR BC-2013-03933 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to show that: a. On 30 June 2009, he was not relieved from active duty, but on that date, he was continued until 31 August 2009. b. On 31 August 2009, he elected to transfer his Post 9/11 GI Bill Education Benefits to his dependents. c. On 31 August 2009, he was relieved from active duty and retired effective 1 September 2009. In accordance with Section 1552(a)(4) of Title 10, United States Code, this directive is final and conclusive on all officers of the United States, who are required to take all necessary and appropriate action consistent with the corrections noted above and the attached Record of Proceedings. 4