RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04639
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 was not briefed on the transfer of education benefits during
his retirement out-processing.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 Mar 10.
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 C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial noting the applicant received pre-
separation counseling for educational benefits prior to his
retirement. The applicant has not provided sufficient
documentation to show 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 services in the Armed Forces on the
date of election, and agrees to serve a specified additional
period of in the Armed Forces from the date of election, may
transfer unused Post-9/11 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 50,000 transferability applications.
DPSIT 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 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 USAF/DPSIT 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 Jan 12, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 the APPLICANT be corrected to show that on 28 Feb 10,
he elected to transfer his Post-9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04639 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 10 Jul 11.
Exhibit B. Applicants Master Military Records.
Exhibit C. Letter, HQ USAF/DPSIT, dated 10 Jan 12.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 12.
Panel Chair
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