RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00820
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he transferred his Post-9/11
GI Bill benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
The requirement to be on active duty to execute the transfer of
educational benefits (TEB) was not adequately communicated to
him. While he made his election for the Post-9/11 GI Bill
versus the Montgomery GI Bill, he reasonably believed that, as
with other GI Bill benefits, he could make the TEB within the
time limits indicated in the VA Pamphlet 22-09-01, The Post-9/11
Veterans Education Assistance Act of 2008. Although it does not
refer to the Post-9/11 GI Bill, the VA pamphlet 21-00-1, A
Summary of VA Benefits, also provided and listed extended
eligibility timeframes for similar benefits. He was not aware
of the requirement to be on active duty as indicated in the
23 Jun 09 Office of the Secretary of Defense Type Memorandum
(DTM) 09-003, Post-9/11 GI Bill. Additionally, this guidance
was not available until he had departed on terminal leave and
permissive temporary duty (TDY), well after his retirement
counseling appointments. Had he been made aware of the
requirement to make the TEB while still on active duty, he would
have certainly done so.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; retirement orders; DD Form 2648, Pre-separation Counseling
Checklist; AF Forms 988, Leave Request/Authorization; VA
Transferability Fact Sheet; VA Pamphlets 21-00-1 and 22-09-1;
DTM 09-003, Post-9/11 GI Bill; and Defense Enrollment
Eligibility Reporting System (DEERS) Verification of Dependents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he served on
active duty from 19 Nov 89 though 30 Nov 09. On 1 Dec 09, he
was retired for length of service in the grade lieutenant
colonel (O-5) and was credited with 20 years and 12 days of
total active service.
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 41,000 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:
A copy of the Air Force evaluation was forwarded to the
applicant on 13 May 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 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 the
transfer of his Post-9/11 GI Bill Educational Benefits will be
executed in accordance with his expressed preferences contingent
upon the completion of the necessary paperwork within 30 days.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00820 in Executive Session on 29 Jul 11, 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/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 28 Apr 11.
Exhibit D. Letter, SAF/MRBR, dated 13 May 11.
Panel Chair
AF | BCMR | CY2009 | BC-2009-04574
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. 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...
AF | BCMR | CY2010 | BC-2009-04574
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. 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...
AF | BCMR | CY2010 | BC-2010-00682
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, and: Has at least six (6) 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. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled...
AF | BCMR | CY2011 | BC-2011-01722
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01722 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. 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, has at least 6...
AF | BCMR | CY2010 | BC-2010-01234
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. However, the Board could find that there was an injustice if the members were on active duty...
AF | BCMR | CY2010 | BC-2010-01072
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. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared...
AF | BCMR | CY2011 | BC-2010-02285
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. The complete HQ USAF/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the...
AF | BCMR | CY2010 | BC-2010-01351
The remaining relevant facts pertaining to this application, extracted from the applicants 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 August 1, 2009 who is eligible for the Post-9/11 GI Bill...
AF | BCMR | CY2011 | BC-2011-00674
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. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA makes no recommendation, but notes...
AF | BCMR | CY2011 | BC-2011-01168
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. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA states if the Board finds there...