RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01128
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He followed instructions at the Defense Manpower Data Center
(DMDC) to transfer his benefits; however, no family members were
listed in the system.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty on 28 February
2010 and retired from the Air Force on 1 March 2010, having
served 20 years 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSI recommends denial. DPSI states the Department of
Veterans Affairs (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 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. 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 August 2009, the effective date of the
Post-9/11 GI Bill.
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.
The DPSI complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 October 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
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 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 28 February 2010, he elected to transfer his Post
9/11 GI Bill Educational Benefits to his dependents, effective
1 March 2010.
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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01128 in Executive Session on 2 December 2010,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2010-01128 was considered:
Exhibit A. DD Form 149, dated 15 March 2010.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 4 October 2010.
Exhibit D. Letter, SAF/MRBR, dated 15 October 2010.
Panel Chair
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