RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00454
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to transfer his Post-9/11
GI Bill benefits to his dependent daughters.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was advised during his retirement out-processing that all he
needed to do was complete the required forms to transfer his GI
benefits to his dependents before he retired. Personnel at his
assigned Education Office told him to go to the Department of
Veterans Affairs (DVA) website and complete the VA Forms 22-1990, Education Benefits, and 22-1990E, Application for Family Member
to use Transferred Benefits. However, after his retirement, he
began to follow up on his request and discovered that he should
have completed the transfer first from the DMDC website on the
Transfer of Education Benefits (TEB) page. Additionally, he
later found out that his dependents were not listed on the page
after his retirement.
He has been working with the DVA and Air Force concerning the
transfer of his GI benefits since November 2009, with no luck.
He has since been told there is no way to have his dependent
daughters added to the TEB website since he retired.
In support of his request, the applicant provides copies of
confirmation receipts of his DVA Forms 22-1990 and 22-1990E.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 26 September
1989 and was retired in the grade of master sergeant (E-7) on
1 October 2009. He is credited with 20 years and 5 days of
active service.
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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial since Title 38, United States Code,
Chapter 33, Section 3319(f)(1), states that, an individual
may
transfer such entitlement only while serving as a member of the
armed forces when the transfer is executed. However, if the
Board deems it appropriate to allow the individual to participate
in the transfer of benefits based on the evidence the individual
provides, the Department of Defense (DoD) has provided the
Service with the tools to correct any possible government error
or injustice in favor of the applicant.
The complete HQ 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 21 May 2010 for review and comment within 30 days (Exhibit D).
As of this date, this office has not received a response.
_________________________________________________________________
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 August 2009, 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 August
2009, 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 August 2009 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 complete HQ USAF/A1PA evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant states he was fully aware that he needed to
transfer the Post 9/11 GI benefits to his dependents before his
1 October 2009 retirement date and he was led to believe the
forms he completed on 12 August 2009 were the only required
documents. He was not advised of the correct procedure until
after his retirement date.
The applicants complete submission, with attachments, 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 he was
not timely made aware of his eligibility and the steps necessary
to transfer his benefits to his dependents. In addition we find
no basis to question the applicant's account in this matter and
do not find it reasonable that he/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 30 September 2009 he elected to transfer his Post
9/11 GI Bill Educational Benefits to his dependents, effective
1 October 2009.
b. Transfer of Post 9/11 GI Bill Educational Benefits is
contingent upon the completion of the necessary paperwork within
30 days as indicated in the attached letter from HQ AFPC/DPSIT.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00454 in Executive Session on 5 October 2010,
under the provisions of AFI 36-2603:
XXXX, Panel Chair
XXXX, Member
XXXX, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered for Docket Number
BC-2010-00454:
Exhibit A. DD Form 149, dated 22 Jan 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIT, dated 7 May 10.
Exhibit D. Letter, SAF/MRBR, dated 21 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, dated 8 Aug 10, w/atchs.
XXXX
Panel Chair
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