RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03206
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted a request to transfer benefits to his dependent
during his retirement out processing but there is no record of
the transfer.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
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 Sep 09.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which are attached at Exhibits B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial noting there has been no
documentation provided or located to substantiate he submitted an
application to transfer education benefits to his dependents.
Under Title 38, United States Code (USC), Chapter 33, service
members are allowed to transfer unused educational benefits to
their dependent spouses and children. Any member of the Armed
Forces, active duty or Selected Reserves, officer, or enlisted,
on or after 1 Aug 09, who is eligible for the Post 9/11 GI bill,
has at least six years of service in the Armed Forces on the date
of election, and agrees to serve a specified additional period of
service in the Armed Forces from the date of election, may
transfer unused Post-9/11 GI Bill benefits to their dependents.
The Air Force, in implementing its guidance, developed a
communication plan that used the Air Force Personnel Center
Commander and the Education and Training Sections 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;
most noted the requirement to be on duty on the
1 Aug 09 effective date of the Post-9/11 GI Bill to be eligible
to transfer benefits. Some articles mentioned that service
members on active duty or in the selected reserve could transfer
benefits. Notably, since 1 Aug 09, the Air Force approved over
30,000 transferability applications.
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 Jun 09 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 complete AFPC/DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant believes the recommendation to deny his request is
based on the invalid assumption that had he filed a request to
transfer his benefits, there would have been a paper trail. He
is living proof the system for some reason did not register his
request in the system. He did not verify his request to transfer
benefits registered, but the website did present a successful
request message.
The applicants complete response is at 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 the applicant attempted to request the
transfer of his benefits to his dependents but it did not
register in the system. In addition, we 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 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-2011-03206 in Executive Session on 15 May 12, 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 19 Aug 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 30 Aug 11.
Exhibit C. Letter, SAF/MRBR, dated 9 Sep 11.
Exhibit D. Letter, Applicant, dated 19 Sep 11.
Panel Chair
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