RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01168
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He retired during the eligibility period to transfer but
because the program was so new, he was not given a GI Bill
briefing during his out-processing to make the proper elections.
2. He returned from a one year permanent change of station
(PCS) move in the combat zone and had one week to out-process.
He thought he was eligible until he attempted to do the
paperwork necessary to get his daughter enrolled in a local
college and found out he was not eligible to transfer.
3. He contacted HQ AFPC and was told to request a correction to
his military record in order to transfer his benefits.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; checklists, DD Form 2648, Pre-separation Counseling
Checklist for Active Component Service Members; Request for
Travel to Separation Processing Base, AF Form 899, Request and
Authorization for Permanent Change of Station Military; DD
Form 1351-2, Travel or Subvoucher; Certification of Survivor
Benefit Plan (SBP) Briefing, Financial Services Office (FSO)
Separation Briefing, AF Form 594, Application and Authorization
to Start, Stop or Change Basic Allowance for Quarters (BAQ) or
Dependency Redetermination; DD Form 2656, Data for Payment of
Retired Personnel; Special Orders, and PCS Arrival Worksheet.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 October 2009, the applicant retired in the grade of colonel
after serving 26 years, 6 months and 22 days on active duty.
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 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 states if the Board finds there was an injustice to
the extent that the applicant did not receive adequate pre-
separation counseling, as required by law and DoD regulation,
and was not personally notified about the need to transfer
benefits while serving in the Armed Forces, DoD has provided the
Air Force with the technical/operational capability to execute
the transfer without the need for the Board to return the member
to active service.
A1PA states 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. Some articles mentioned that
service members on active duty or in the SelRes could transfer
benefits. Notably, since 1 August 2009, the Air Force approved
over 41,000 transferability applications.
A1PA states 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 August 2009, the effective date of the Post-9/11 GI Bill.
A1PA notes the Board could find that there was an injustice if
the members were on active duty on 1 August 2009, 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 because of their terminal leave
status. The transfer date could be effective as early as
1 August 2009 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 A1PA evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 13 May 2011 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
________________________________________________________________
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 he elected
to transfer his Post 9/11 GI Bill Educational Benefits to his
dependent, effective 30 September 2009.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2011-
01168 in Executive Session on 29 July 2011, under the provisions
of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 March 2011, w/atchs.
Exhibit B. HQ USAF/A1PA, Letter, dated 4 May 2011.
Exhibit C. SAF/MRBR, Letter, dated 13 May 2011.
Panel Chair
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-2011-00318
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. The Board could find that there was an injustice if members on active duty on 1 August 2009 were not sufficiently counseled about the...
AF | BCMR | CY2011 | BC-2011-00110
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00110 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA makes no recommendation, but notes that if the Board finds there was...
AF | BCMR | CY2011 | BC-2011-00755
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00755 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependent son. He was relieved from active duty, on 31 May 2010, with a reason for separation voluntary retirement sufficient service for retirement. Post-9/11 GI Bill: Any member...
AF | BCMR | CY2011 | BC-2011-00756
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. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2011 | BC-2011-02115
The Certificate of Eligibility the applicant received from the VA clearly details the service member's eligibility under the Post-9/11 GI Bill. He provided dates that he attended a mass briefing and individual counseling for the Post-9/11 GI Bill benefits. The Transfer of Education Benefits (TEB) slide highlighted that individuals apply separately to transfer benefits using the TEB website and included a statement indicating that AFPC's Service Center will review eligibility, and approve...
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 | CY2011 | BC-2011-00707
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00707 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependents. She was told by a VA GI Bill customer service representative that the transfer of benefits must be done while she was still on active duty and must be completed on the...
AF | BCMR | CY2010 | BC-2010-01291
________________________________________________________________ THE APPLICANT CONTENDS THAT: He was provided incomplete and incorrect information about enrollment in the new Post 9/11 GI Bill and transferring his education benefits to his dependents. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant indicates that he was aware of the TEBs requirement to transfer...
AF | BCMR | CY2011 | BC-2011-01051
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01051 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01051 in Executive Session on 10...