RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00756
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He submitted a transfer of eligibility for a portion of his
benefit to his dependent child in Aug 09, while still on active
duty. He recently decided to transfer all of the remaining
benefits to his son and, on 15 Feb 11, he discovered the initial
transfer of benefits failed. The reason stated was "rejected
disapproved-SM has submitted an invalid entry." He has followed
all the rules and guidelines for applying for and transferring
benefits and the current rejected/disapproved status is an
obvious error and must be corrected.
In support of his appeal, the applicant provides a personal
statement; a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued in conjunction with his
31 Aug 09, and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty, on 31 Aug 09, with
a reason for separation of Voluntary Retirement: Sufficient
Service for Retirement.
Post-9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve (SelRes), officer or enlisted) on or after
1 Aug 09, 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 a specified additional
period in the Armed Forces from the date of election.
Has at least 10 years of service in the Armed Forces
(active duty and/or SelRes on the date of election, is
precluded by either standard policy (service or Department
of Defense (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
1 Aug 09 through 1 Aug 13. 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
1 Aug 09, no additional service is required.
For those individuals who have an approved retirement
date after 1 Aug 09, and before 1 Jul 10, no additional
service is required.
For those individuals eligible for retirement after
1 Aug 09, and before 1 Aug 10, 1 year of additional
service after approval of transfer is required.
For those individuals eligible for retirement on or
after 1 Aug 10, and before 1 Aug 11, 2 years of
additional service after approval of transfer are
required.
For those individuals eligible for retirement on or
after 1 Aug 11, and before 1 Aug 12, 3 years of
additional service after approval of transfer are
required.
________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends approval, stating, in part, that the
Board could find that there was an error due to the
administrative restriction that caused the applicant to be
unable to successfully transfer benefits in the days immediately
prior to his retirement. If the Board determines this to be the
case, AFPC can execute the transfer on the applicant's behalf
without returning the member to active service.
The Air Force, in implementing its guidance, developed a
communication plan that used the Air Force Personnel Center
Commander and the Education and Training Section at each
installation to serve as spokespersons to communicate the Post-
9/11 GI Bill transfer-to-dependent program using internal media,
internal communication tools, and external trade publications.
There were various news articles about the Post-9/11 GI Bill to
be eligible to transfer benefits.
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 Defense Manpower Data Center (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 Directive Type Memo
(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 Aug 09,
the effective date of the Post-9/11 GI Bill.
The applicant states that he received two briefings about Post-
9/11 GI Bill benefits from the education office and/or Airmen
and Family Readiness Center prior to his official retirement.
He paid very close attention to the VA representatives when
discussing the Post-9/11 GI Bill, but he was never counseled
that he could not use the automated system to transfer benefits
during the final days immediately preceding his official
retirement date. Although he took steps to transfer benefits
and provided documentation of his transfer attempt, the transfer
did not consummate because of an administrative restriction that
closes a member's active duty personnel record a few days prior
to their official retirement date. Records are normally closed
out approximately 5 days prior to an official retirement date in
order to ensure final pay and other administrative actions are
completed and retired pay starts on time.
The complete HQ USAF/A1PA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 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 warranting
corrective action regarding the applicants Transfer of
Educational Benefits. The Air Force office of primary
responsibility has adequately addressed the issues presented by
the applicant and we are in agreement with its opinion and
recommendation. Therefore, we recommend the applicants record
be corrected to the extent 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 on
31 August 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits:
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00756 in Executive Session on 22 December 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Feb 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 21 Apr 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11.
Panel Chair
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