RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01349
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill educationbenefits to her dependents.
APPLICANT CONTENDS THAT:
She was on terminal leave and was not provided the information ontransferring Post-9/11 education benefits to her dependents.
In support of her request, the applicant provides copies of herDD Forms 214, Certificate of Release or Discharge from ActiveDuty.
The applicant's complete submission, with attachments, is atExhibit A.
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on1 September 2009.
The remaining relevant facts pertaining to this application arecontained in the letter prepared by the appropriate office of theAir Force, which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial noting the applicant has not
provided any evidence showing she did not receive counseling onthe transfer of Post-9/11 education benefits. The applicantindicated on her Pre-separation Counseling checklist that she didnot want any education counseling in regard to Post-9/11benefits. Furthermore, the education office at Scott AFB heldmore than 20 Post-9/11 briefings between January and September2009, and the requirements to transfer benefits were publishedweekly in the base newspaper.
Under Title 38 United States Code (USC), Chapter 33, servicemembers are allowed to transfer unused educational benefits to
their dependent spouses and children. Any member of the ArmedForces, active duty or Selected Reserves, officer, or enlisted,
on or after 1 August 2009, who is eligible for the Post-9/11 GI
bill, has at least six years of service in the Armed Forces onthe date of election, and agrees to serve a specified additionalperiod of duty in the Armed Forces from the date of election, maytransfer unused Post-9/11 benefits to their dependents. The Air
Force, in implementing its guidance, developed a communicationplan that used the Air Force Personnel Center Commander and theEducation and Training Sections at each installation to serve asspokespersons to communicate the Post-9/11 GI Bill transfer-todependent
program using internal media, internal communicationtools, and external trade publications. There were various news
articles about the Post-9/11 GI Bill; most noted the requirementto be on duty on the 1 August 2009 effective date of the Post9/
11 GI Bill to be eligible to transfer benefits. Some articles
mentioned that service members on active duty or in the selectedreserve could transfer benefits. Notably, since 1 August 2009,
the Air Force approved over 30,000 transferability applications.
The Department of Veterans Affairs (DVA), the DoD and theMilitary Services widely publicized the Post-9/11 GI Bill and thetransferability feature. DoD developed a special website, hostedby 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 transferof benefits applications. The Directive Type Memo (DTM) and AirForce 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.
The complete AFPC/DPSIT evaluation, with attachments, is atExhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicanton 4 Jun 12 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existinglaw or regulations.
2. The application was timely filed.
2
3. Sufficient relevant evidence has been presented to demonstratethe existence of an error or injustice. While we note the stepsthe Air Force took to inform eligible personnel of this newbenefit, it appears the applicant was in a terminal leave statuswhen the website system was in operation for the purpose ofaccepting TEB applications. Moreover, while the education staffat Scott AFB may have held more than twenty briefings betweenJanuary and September 2009, as noted in previous similar casesbefore this Board, during this period, there existed greatconfusion concerning the exact requirements for TEB and theprocedures that would be implemented. In view of a totality ofthe evidence before us, we believe the applicant has establishedthat she was not provided sufficient information in order to makea well informed decision concerning TEB. Therefore, we recommendthe records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Forcerelating to the APPLICANT be corrected to show that she elected totransfer her Post-9/11 GI Bill Educational Benefits on 31 August
2009.
The following members of the Board considered AFBCMR DocketNumber BC-2012-01349 in Executive Session on 11 February 2013,
under the provisions of AFI 36-2603:
Acting Panel ChairMember
Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 10 May 12.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 12.
Acting Panel Chair
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