RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05471
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His records to be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while on active duty.
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APPLICANT CONTENDS THAT:
He met the eligibility requirements of the Transfer of Education Benefits (TEB) for his dependents because he was on active duty when the Post-9/11 GI Bill became effective on 1 August 2009. He thought the transfer process was complete because he never received any type of notification that it was unsuccessful after transferring 36 months of educational benefits to his spouse and three sons. There was no need for him to incur any further service commitment because he had already served over 26 years on active duty when he applied for TEB, in March 2010. It was not until his son was about to attend college that it became apparent there was a problem with his election.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 1 July 2010 in the grade of senior master sergeant (E-8).
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating the member did not provide any documentary evidence supporting his claim that he made any attempt to transfer his benefits prior to or after retirement. While the applicant may have had the impression that being on active duty on the effective date of the law was sufficient to vest him with the right to transfer benefits, he should have sought further clarification. Specifically, he should have spoken with an educational counselor, read the DoD or Air Force guidance that was very clear on the point or took other measures to ensure he made a timely transfer of benefits. In accordance with Title 38 USC, Chapter 33, § 3319(f)(1), the transfer of such entitlement can only be done while serving as a member of the Armed Forces when the transfer is executed. Specifically, any member of the Armed Forces who, on or after 1 August 2009, eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election and agreed to serve (if applicable) a specified additional period from the date of election, may transfer unused Post-9/11 GI Benefits to their dependents. Service Secretaries were required, as of 22 June 2009, to provide and document counseling regarding these benefits. The Air Force issued AFI 36-2306_AFGMI on 23 July 2009, which required pre-separation counseling be documented on DD Form 2648. Additionally, 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. However, the Air Force did not seek out members who were already on terminal leave, or had already completed separation counseling. In this case, there is no information recorded in the Right Now Technology (RNT) record or TEB indicating the applicant applied for the benefit.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that prior to his retirement there were no clear instructions on how to proceed with the Transfer of Education Benefits (TEB). He was not guided through the necessary steps needed to ensure a successful transfer of benefits. He only received the normal transition assistance program (TAP) briefing. Therefore, he self navigated through the website identified by the Air Force and submitted an application for TEB. Although there were various articles and media publications about Post-9/11 GI Bill educational benefits, these documents were only intended for supplemental information purposes and were not official Air Force policy. He was not provided specific direction for the Air Forces method of making his dependents eligible to receive TEB.
A complete copy of the applicants response is at Exhibit E.
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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 (OPR) 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 applicants 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 believe it appropriate to recommend the applicants records be corrected as indicated below.
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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 30 June 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05471 in Executive Session on 24 September 2013, 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 03 December 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 20 December 2012.
Exhibit D. Letter, SAF/MRBR, dated 11 January 2013.
Exhibit E. Letter, Applicant, dated 7 February 2013.
Panel Chair
3
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