RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-01234
            INDEX CODE:  128.14
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

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 was never informed of the requirement to apply for the benefit  prior  to
retirement.    He   feels   he   slipped   through   the   cracks   in   the
establishment/transition phase of  the  benefit  which  coincided  with  his
return from overseas  and  terminal  leave.   He  was  denied  the  benefit,
through no fault of his own as he made a  good  faith  effort  to  meet  the
required actions.

In support of his request, the applicant submits copies of his DD Form  214,
Certificate of Release or Discharge from Active  Duty,  a  letter  from  the
Department of Veterans Affairs (DVA) and an Air Force News article.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired on 1 Oct 09 after serving 20  years  and  4 months  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:

In a four-page response,  the  applicant  reiterates  many  of  his  earlier
contentions.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant states he meets the criteria because he did not  receive  pre-
separation  counseling,  as  required,  and  was  not  personally   notified
regarding the need to transfer educations benefits  while  on  Active  Duty.
He was on terminal leave when DoD and Air Force guidance was distributed.

The applicant’s complete submission, with attachment, is at Exhibit H.

_________________________________________________________________

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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_______________________________________________________________

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 a dependent, effective 1 October 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-2010-01234  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 2 Apr 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 14 May 10.
    Exhibit E.  Letter, Applicant, dated 31 May 10.
    Exhibit F.  Letter, HQ USAF/A1PA, dated 30 Jul 10.
    Exhibit G.  Letter, SAF/MRBR, dated 2 Aug 10.
    Exhibit H.  Letter, Applicant, dated 9 Aug 10, w/atch.




                                   Panel Chair


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                         DEPARTMENT OF THE AIR FORCE
                               WASHINGTON, DC

Office Of The Assistant Secretary


[pic]
AFBCMR BC-2010-01234


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