RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03994
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he transferred his Post-9/11
GI Bill educational benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He retired effective 1 Sep 09. He was stationed overseas prior
to his retirement. He returned to the United States to out-
process and commenced terminal leave in May 09. Because he had
out processed and turned in his common access card (CAC), he was
unable to access a government computer to transfer his benefits.
He asked about the transfer of benefits both during his
attendance at the transition assistance program and during his
final out-processing, but was told the information was not yet
available due to the newness of the program.
In support of his request, the applicant provides a copy of his
correspondence to the Department of Veterans Affairs (DVA)
related to the matter under review.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he was
retired for length of service in the grade of master sergeant
(E-7), effective 1 Sep 09.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibits C.
________________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA indicates that both the Department of Defense (DoD) and
Department of Veterans Affairs (DVA) widely publicized the Post-
9/11 GI Bill and the transferability feature. DoD developed a
special website, hosted by the Defense Manpower Data Center
(DMDC), to facilitate the transfer of education benefits (TEB).
The website was operational on 27 Jun 09 for the purpose of
accepting transfer of benefits applications. The published
guidance at the time indicated the transfer must be made while
the member is serving in the Armed Forces. The Air Force, in
implementing its guidance, developed a comprehensive
communication plan which included the use of internal media,
internal communication tools, and external trade publications.
There were various news articles about the program; most noted
the requirement to be on duty on the 1 Aug 09 effective date to
be eligible to transfer benefits. Notably, since 1 Aug 09, the
Air Force approved over 40,000 transferability applications.
Notwithstanding the above, the Board could find there was an
injustice if a member was on active duty on 1 Aug 09, but did
not receive counseling about the need to execute the TEB while
serving in the Armed Forces and did not have ready access to
published DoD and Air Force guidance at the time their terminal
leave began.
A complete copy of the AF/A1PA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends he exercised due diligence when he
repeatedly inquired about the tenets of the program, beginning
as early as a year prior to his retirement; but, because the
program was so new, he was unable to get correct information.
He feels he is being unfairly denied benefits that he has earned
because of the newness of the program and the lack of knowledge
of those responsible for implementing it. Additionally, because
he was stationed in an overseas embassy for the last two and
one-half years of his career, he was at a disadvantage when
compared to his contemporaries with respect to receiving the
most current information regarding this important program. Had
he known better, he would have made the transfer of benefits
while he was still on active duty.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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 an 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 his 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 the APPLICANT be corrected to show that on
31 August 2009 he elected to transfer his Post 9/11 GI Bill
Educational Benefits to his spouse, step-daughter, and son,
effective 1 September 2009.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-03994 in Executive Session on 29 Jul 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Oct 10, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 8 Mar 11.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 11.
Exhibit E. Letter, Applicant, dated 20 Apr 11.
Panel Chair
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