RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00437
COUNSEL:
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed and could not discern through the material
and counseling that it was necessary to transfer the benefits
prior to his retirement.
In support of his appeal, the applicant provides copies of
documents extracted from his military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who 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.
_________________________________________________________________
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. 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.
The complete HQ USAF/A1PA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
and his Counsel on 15 Apr 11, for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit D).
_________________________________________________________________
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(s)
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 the APPLICANT be corrected to show that on
30 September 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00437 in Executive Session on 25 Aug 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 24 Jan 11, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 8 Apr 11.
Exhibit D. Letters, SAF/MRBR, dated 15 Apr 11.
Panel Chair
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