RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02014
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill education
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, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 January 2010.
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 Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. The applicant was provided adequate
information and failed to follow through with the requirement to
transfer benefits while on active duty. He had plenty of time
from his pre-separation briefing and the time of his retirement
to sign up to Post-9/11 benefits to his dependents. His failing
to act in a timely manner is not a basis for approval on the part
of the Air Force. The Law specifically states that an individual
transferring an entitlement to educational assistance under this
section shall: (1) designate the dependent or dependents to whom
such entitlement is being transferred; (2) designate the number
of months of such entitlement to be transferred to each such
dependent; and (3) specify the period for which the transfer
shall be effective for each dependent designated under paragraph
(1). Furthermore, the law also requires that said transfer take
place only while the member is serving as a member of the armed
forces when the transfer is executed.
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 August 2009, 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 duty 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 August 2009 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.
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.
The complete AFPC/DPSIT evaluation, with attachments, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 June 2012 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 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, he
was not timely made aware of his eligibility and the steps
necessary to transfer his education benefits to his dependents.
As such, we find the applicantÂ’s account of events credible and
believe them sufficient to resolve any doubt in this matter in
the applicantÂ’s favor and do not find it reasonable to conclude
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 he elected to
transfer his Post-9/11 GI Bill Educational Benefits on
31 December 2009.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2012-02014 in Executive Session on 11 February 2013, under the
provisions of AFI 36-2603:
Acting 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 1 May 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 29 May 2012, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 19 June 2012.
Acting Panel Chair
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