RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01600
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be corrected to reflect she transferred her Post-9/11
GI Bill benefits to her dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
She believed that her action to request to change from the
Montgomery GI Bill to the Post-9/11 GI Bill also had the effect
of transferring her educational benefits to her son.
She recalls applying to change to the Post-9/11 GI Bill in
May 09 and thought the Certificate of Eligibility she received
was all that she needed for her son to attend college. She left
her last duty station on 11 Aug 09 to start her permissive
temporary duty (TDY) and terminal leave. During this time, she
was taking pain killers for her service-connected medical
condition which resulted in her disability retirement in Sep 09.
In support of her request, the applicant provides copies of her
AF Forms 988, Leave Request/Authorization, excerpts of her
military personnel records, correspondence from the Department
of Veterans Affairs (DVA), and documents associated with her
permanent disability retirement.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she served
on active duty from 17 Dec 87 though 28 Sep 09. On 29 Sep 09,
she was retired for physical disability in the grade of
technical sergeant (E-6) and was credited with 21 years,
9 months, 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 60,000 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 24 Jun 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, she
was not timely made aware of her eligibility and the steps
necessary to transfer her benefits to her dependents. In
addition, we find no basis to question her account in this
matter and do not find it reasonable that she 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 her Post-9/11 GI Bill Educational Benefits will be
executed in accordance with her expressed preferences contingent
upon the completion of the necessary paperwork within 30 days.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01600 in Executive Session on 29 Jul 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 Oct 10, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 24 May 11.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
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