RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-04574
            INDEX CODE:  128.14
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be allowed to participate in the Transfer of Post-9/11 GI Bill  Benefits
to Dependents program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although she had made numerous attempts to get the information earlier,  she
was not made aware of the guidance for the new  program  until  20  Nov  09,
when she received an email outlining the changes.   She  tried  to  transfer
her benefits to her children on the VA website, but was  denied  the  action
because she was no longer in active duty (AD) status.  The point of  contact
(POC) at the Air Force Personnel Center (AFPC) informed her she  had  missed
her window of opportunity to elect transfer benefits.  He  stated  that  the
transfer option was opened on 1 Aug 09 and that she should have  transferred
her benefits before her 31 Aug 09 retirement date.

She would like the opportunity to transfer her  education  benefits  to  her
children.  If she had been informed, she would have made the transfer  while
she was on AD and ensured it was accomplished prior to her retirement.

In support of her request, the applicant submits a copies of her  Transition
Assistance Program (TAP) certificate of completion, her AF Form 988s,  Leave
Request Authorization, the Directive-Type Memorandum  (DTM)  09-003:   Post-
9/11  GI  Bill,  an  email  message  and  the  Post-9/11  GI  Bill  Transfer
Eligibility Benefits Processing Module.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force  on  17  Nov  86  and  was
progressively promoted to  the  grade  of  senior  master  sergeant,  having
assumed that grade effective and with a date of  rank  of  1  Nov  05.   She
retired on 1 Sep 09 after serving 22 years, 9 months and 14 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 August 1, 2009,  who  is  eligible
for the Post-9/11 GI Bill, and:


    • Has at least 6 years of service in the Armed Forces  on  the  date  of
      election and agrees to serve 4 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
      4 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  August  1,
      2009, through August 1, 2013.  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 August 1, 2009,
           no additional service is required.


         • For those individuals who have an approved retirement date after
           August 1, 2009, and before July 1, 2010, no  additional  service
           is required.

         • For those individuals eligible for retirement  after  August  1,
           2009, and before August 1, 2010, 1 year  of  additional  service
           after approval of transfer is required.

         • For those individuals eligible for retirement on or after August
           1, 2010, and before  August  1,  2011,  2  years  of  additional
           service after approval of transfer are required.

         • For those individuals eligible for retirement on or after August
           1, 2011, and before  August  1,  2012,  3  years  of  additional
           service after approval of transfer required.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIT recommends denial.  DPSIT  states  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  can
transfer their  unused  Post-9-11/GI  benefits  to  their  dependents.   The
Department of Defense (DoD) via DTM 09-003 allowed  a  service  member  that
had an approved retirement dater after 1 Aug 09  and  before  1  Jul  10  to
participate  in  the  transfer  of  benefits  without  incurring  additional
service obligation.  Thirty-eight  United  States  Code  (USC)  Chapter  33,
Section 3319(f)(1), Directive Type Memo (DTM) 09-003 3.g.(1) and  Air  Force
Instruction (AFI) 36-2306_AFGM1 18.G.(1),  required  that  the  transfer  of
benefits be accomplished while serving as a member of the Armed Forces.

DPSIT states the transfer  of  Education  Benefits  system  began  accepting
applications as of 27 Jun 09 with an effective date no earlier  than  1  Aug
09.

DPSIT notes  many  service  members  thought  they  were  eligible  for  the
transfer as long as they were serving on active duty  and  did  not  realize
that  participating  in  the  program  required  they  do  the  transfer  of
education benefits (TEB) while serving on active duty or  selective  reserve
status.

The complete 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 14  May
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ USAF/A1PA does not provide a recommendation.  A1PA  states  that  members
may have had the impression that being on active duty  or  in  the  Selected
Reserve (SELRES) on the effective date of the law, 1 Aug 09, was  sufficient
to “vest” them with the right to transfer  benefits  at  some  time  in  the
future.   Had  those  members  sought  clarification  from  an   educational
counselor, read the DoD or Air Force guidance that was very  clear  on  that
point, or taken  other  measures  to  make  timely  decisions  before  their
separation or retirement, they could have initiated  a  timely  transfer  of
benefits.  However, the Board could find that there was an injustice if  the
members were on active duty on 1  Aug  09,  were  not  personally  counseled
about the need to execute a transfer while serving in the Armed Forces,  and
did not have ready access to DoD and Air Force  guidance  because  of  their
terminal leave status.  The transfer date could be effective as early  as  1
Aug 09 and there would be no need to place the member on active  duty  since
the TEB system allows for correction of the record by Air Force personnel.

The HQ USAF/A1PA complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant states she was never informed of the requirement  to  transfer
her GI Bill benefits while she was on active  duty.   She  was  on  terminal
leave at the time the information was disbursed.

The applicant’s complete submission is at Exhibit G.

_________________________________________________________________

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 she was not timely made aware of her  eligibility  and  the  steps
necessary to transfer her benefits to her dependents.  In addition, we  find
no basis to question the applicant’s account in this matter and do not  find
it reasonable that she 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:

      a.  On 31 August 2009 she elected to transfer her Post 9/11 GI  Bill
Educational Benefits to a dependent, effective 1 September 2009.

      b.  Transfer of Post 9/11 GI Bill Educational Benefits is contingent
upon the completion  of  the  necessary  paperwork  as  indicated  in  the
attached letter from AFPC/DPSIT within 30 days.

_______________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2009-04574  in
Executive Session on 5 October 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

All  members  voted  to  correct  the  record.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Nov 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIT, dated 7 May 10.
    Exhibit D.  Letter, SAF/MRBR, dated 14 May 10.
    Exhibit E.  Letter, HQ USAF/A1PA, dated 30 Jul 10.
    Exhibit F.  Letter, SAF/MRBR, dated 2 Aug 10.
    Exhibit G.  Letter, Applicant, undated.




                                   Panel Chair
[pic]


                         DEPARTMENT OF THE AIR FORCE
                               WASHINGTON, DC

Office Of The Assistant Secretary
                         DEPARTMENT OF THE AIR FORCE
                               WASHINGTON, DC

[pic]

[pic]
AFBCMR BC-2009-04574


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 (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:

            a.  On 31 August 2009, she elected to transfer her  Post  9/11
GI Bill Educational Benefits to a dependent, effective 1 September 2009.

            b.  Transfer of Post 9/11  GI  Bill  Educational  Benefits  is
contingent upon the completion of the necessary paperwork as indicated  in
the attached AFPC/DPSIT Memorandum within 30 days.






     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency

Attachment:
HQ AFPC/DPSIT Memorandum













"This document contains information which must be protected IAW AFI 33-332
and DoD Regulation 5400.11; Privacy Act of 1974 as amended applies, and it
is For Official Use Only (FOUO)."

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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974




FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974