RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02017
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not notified prior to his retirement of his eligibility for the Transfer of Education Benefits (TEB). However, he has over 90 days of aggregate active duty service, which makes him eligible for the post 9/11 GI Bill.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 29 Jun 10, the applicant was relieved of his assignment as a member of the Air National Guard (ANG) and, on 30 Jun 10, was transferred to the Retired Reserve in the grade of master sergeant (E-7) to await retired pay at age 60. He was credited with 27 years, 2 months, and 23 days of total military service.
On the date of the applicants retirement, he was credited with more than an aggregate of 90 days active duty service during the period 10 Sep 01 through the date of his retirement. Therefore, he was entitled to benefits under the Post 9/11 GI Bill program in his own right.
On the date of the applicants retirement, there was no additional service commitment required to transfer Post-9/11 GI Bill Benefits to dependents for members, such as the applicant, who were retirement eligible on or before 1 Aug 09. As such, had the applicant elected to transfer his benefits on the date requested, he would not have incurred a service commitment.
The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1Y recommends approval, indicating there is no evidence the applicant received guidance on the Post 9/11 GI Bill or instructions to transfer his benefit to his dependents prior to his retirement. The Department of Veterans Affairs (DVA), Department of Defense (DoD), and military services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate TEB. The website was operational on 27 Jun 09 for the purpose of accepting transfer of benefits applications. The ANG implemented a communication plan which included the Retention Office Mangers (ROM) at each Wing briefing unit members on the Post 9/11 GI Bill and the TEB program using internal media, internal communication tools, and external trade publications. However, in this case, the current Retention Office Manager (ROM) for the applicants former unit was unable to find any paperwork showing the applicant out-processed through the retention office, nor was the ROM able to locate any documentation showing he received Post 9/11 GI Bill or TEB counseling. Although the applicant did not designate his dependents to receive benefits prior to his retirement, there is no indication he received proper guidance on the Post-9/11 GI Bill or instructions to transfer his benefit prior to his retirement. Therefore, the applicants request to apply for the Post-9/11 GI Bill and to transfer benefits to his dependents should be granted.
A complete copy of the NGB/A1Y 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 17 Jun 13 for review and comment within 30 days. As of this date, no response has been received by this office (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 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, the OPR also advises there is no evidence the applicant received guidance on this benefit. As such the OPR has recommended relief be granted. We agree with this recommendation as 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 believe it is appropriate to recommend correcting the records 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 1 June 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-02017 in Executive Session on 28 May 2014, 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 Apr 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1Y, dated 3 Jun 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 13.
Panel Chair
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