RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02285
                       INDEX CODE:  128.14
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based on the guidance of the Department of Defense (DOD) and the  Department
of Veterans Affairs (DVA) website he believes he  is  eligible  to  transfer
benefits under the Post 9/11 GI Bill to his dependents.   In  October  2009,
he  attended  the  Transition  Assistance  Program  briefing  and  the   DVA
representative had very little information on Post  9/11  GI  Bill  criteria
but advised that more information would be forthcoming and to check the  DVA
website for updates.

Page 14 of the DOD regulation does not state that the individual has  to  be
on active duty to take advantage of the Post 9/11 GI  Bill;  it  states  you
just have to have served between the dates in the policy and fall under  one
of the categories, which he does.

He believes DOD has  distributed  misleading,  inconsistent  and  improperly
updated on the eligibility requirements for Post 9/11 GI Bill program.

In support of his  appeal,  the  applicant  provides  an  extract  from  the
Directive-Type Memorandum (DTM) 09-003:  Post 9/11 GI Bill, and  a  copy  of
AFPC/DPSIT letter with attachments.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 22 Apr 88, he contracted  his  initial  enlistment  in  the  Regular  Air
Force.  He was progressively promoted  to  the  grade  of  master  sergeant,
having assumed the grade effective and with a date of rank of 1 Sep 07.   He
was retired on 1 Oct 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 Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSI recommends denial.  DPSI states service members may have  had  the
notion that being on active duty or in the Selected Reserve (SELRES) on  the
effective date of the law, 1 Aug 09, was enough  to  “vest”  them  with  the
right to transfer benefits at some time in the  future.   If  those  service
members had 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 a timely decision before their  separation  or  retirement,
they could have initiated a timely transfer of benefits.

DPSI notes the Board could find that there was an injustice if  the  service
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  due  to  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  service  member  on  active
duty since the Transfer of Educational  Benefits  (TEB)  system  allows  for
correction of the record by Air Force personnel.

The complete HQ USAF/DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the information he received from DTM 09-003,  dated  22
Jun 09 was misleading because it states “Any member  of  the  Armed  Forces,
active duty…on or after 1 Aug 09.”

Although there were various news articles about  Post  9/11  GI  Bill;  most
noted the requirement to be on active duty on the 1 Aug  09  effective  date
of the Post  9/11  GI  Bill  to  be  eligible  to  transfer  benefits.”   He
literally took that to mean that if he were on active duty  on  or  after  1
Aug 09, the he was eligible to transfer his benefits.

He also believed that if he was on active duty on the effective date of  the
law he was vested with the right to transfer benefits at some  time  in  the
future.  He further believes he  was  unintentionally  misled  by  the  poor
wording in the DTM.

Furthermore, when he attended Transitional Assistance Program in  2009,  the
briefer new very little about the Post 9/11 transfer rules.  He was told  to
keep in touch with the education office.   Over  the  next  6-8  months,  he
inquired about Post 9/11 and the education office said  that  it  is  a  DVA
program and that he would have to contact them.

Lastly, he hopes the Board will see where  the  poor  wording  led  him  and
probably others to believe that as long as an individual was on active  duty
on 1 Aug 09 the benefits were transferable.

The applicant’s complete 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 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 the transfer of  Post  9/11  GI  Bill
Educational Benefits will  be  executed  in  accordance  with  the  member’s
expressed preferences  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-
02285 in Executive Session on 1 Mar 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 Nov 09, w/atchs.
      Exhibit B. Letter, HQ AFPC/DPSIT, dated 7 May 10.
      Exhibit C. Letter, SAF/MRBR, dated 14 May 10.
      Exhibit D. Letter, HQ USAF/A1PA, dated 30 Jul 10.
      Exhibit E. Letter, SAF/MRBR, dated 2 Aug 10.





      Panel Chair