RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-01072
            INDEX CODE:  128.14
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He applied  for  participation  in  the  program  prior  to  his  1  Nov  09
retirement date; however, he never received a response to  his  application.
He was later informed there was no record  of  his  ever  applying  for  the
program.  He has since relocated and  has  no  contact  with  the  education
office at the base where he applied.

The  applicant  submitted  no  supporting  documentation  and  his  complete
submission is at Exhibit A.

_________________________________________________________________

 STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force  on  19  Apr  84  and  was
progressively promoted to the grade of master sergeant having  assumed  that
grade effective and with a date of rank of 1 Jan 02.  He retired  on  1  Nov
09 after serving 25 years, 6 months and 12 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 Directive Type Memo (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 21  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:

A copy of the Air Force evaluation was forwarded to the applicant on  2  Aug
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit F).

_________________________________________________________________

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 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 October 2009 he elected to transfer his Post 9/11 GI  Bill
Educational Benefits to a dependent, effective 1 November 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-2010-01072  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 8 Mar 10, 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 21 May 10.
    Exhibit E.  Letter, HQ USAF/A1PA, dated 30 Jul 10.
    Exhibit F.  Letter, SAF/MRBR, dated 2 Aug 10.



                                   Panel Chair
[pic]


                         DEPARTMENT OF THE AIR FORCE
                               WASHINGTON, DC

Office Of The Assistant Secretary



[pic]
AFBCMR BC-2010-01072


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 October 2009, he elected to transfer his  Post  9/11
GI Bill Educational Benefits to a dependent, effective 1 November 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













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