RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02949
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents.

________________________________________________________________

APPLICANT CONTENDS THAT:

While on active duty he was instructed by the Education Office 
that the Transfer of Educational Benefits (TEB) had to be 
accomplished while he was on active duty.  He was told he could 
transfer all or some of the benefits on-line.  Therefore, he 
went on line and did as instructed; transferring a month to each 
of his children.  Recently he attempted to transfer benefits to 
his son so that he could attend college this fall and was told 
his dependents were not loaded in “milConnect.”  He called the 
Department of Veterans Affairs (DVA) and was instructed to 
submit VA Form 22-1990E, Application for Family Member to use 
Transferred Benefits.  When he called to get a status he was 
informed TEB could only be completed while he was on active 
duty.  He accomplished this task in Jul 2010.  However, he was 
told the steps he took in Jul 2010 were just the first steps and 
additional steps were required to complete the process.  He was 
never notified that additional steps were required.

In support of his request, the applicant provides copies of 
screenshots from the DVA and Defense Manpower Data Center (DMDC) 
websites.

His complete submission, with attachments is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 8 Jan 1987 and became 
retirement eligible on 8 Jan 2007.  He retired from the Air 
Force effective 1 Feb 2011.

Post-9/11 GI Bill Transferability:  Any member of the Armed 
Forces (active duty or Selected Reserve, officer or enlisted) on 
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.


Post-9/11 GI Bill Eligibility:  Any member of the Armed Forces 
(active duty or Selected Reserve, officer or enlisted) on or 
after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill, and

has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in 
the Armed Forces from the date of election;

has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of 
election, is precluded by either standard policy (service 
or DoD) or statute from committing to 4 additional years, 
and agrees to serve for the maximum amount of time allowed 
by such policy or statute; or

is or becomes retirement eligible during the period from 
1 Aug 2009, through 1 Aug 2013.  A service member is 
considered to be retirement eligible if he or she has 
completed 20 years of active duty or 20 qualifying years of 
reserve service.  For those individuals eligible for 
retirement on 1 Aug 2009, no additional service is 
required.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that while the 
applicant asserts he completed all TEB requirements; a TEB 
application was never initiated according to DMDC, as well as in 
the Right Now Technology (RNT) application.  Additionally, he 
never contacted the Total Force Service Center (TFSC) to inquire 
about his application status.  Based on the information 
contained in the applicant's case, the Education Office provided 
accurate guidance on the need to apply while on active duty, to 
apply online, and to give one month to each dependent.  However, 
the Board may approve the applicant’s request if they find there 
was an injustice to the extent the applicant did not receive 
adequate pre-separation counseling as required by law and DoD 
regulation and that he was not personally notified about the 
need to transfer while serving on active duty.

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

He disagrees with DPSIT’s advisory.  He reasserts that he was 
instructed by the Education Office to transfer Post-9/11 GI Bill 
benefits to his dependents while he was still on active duty.  
Moreover, he was told that he could transfer all or some of the 
benefits on-line.  He went on line and did as he was instructed 
and transferred a month to each of his children.  He was unaware 
that he had to contact the TFSC or that additional steps were 
required to complete the transfer process.

His complete submission is at 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 
indicates were taken to inform eligible personnel of this new 
benefit, it appears that through no fault of the applicant he 
was not made aware of the steps necessary to complete the 
transfer of 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, in the 
interest of justice, we find the evidence sufficient to grant 
the requested relief and recommend his records be corrected as 
set forth below.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 31 Jan 
2011, he elected to transfer his Post-9/11 GI Bill Educational 
Benefits to his dependents.

________________________________________________________________

The following members of the Board considered AFBCMR BC-2013-
02949 in Executive Session on 16 Apr 2014, under the provisions 
of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Jun 2013, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIT, dated 26 Jun 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Aug 2013.
     Exhibit E.  Letter, Applicant, undated.




                                   
                                   Panel Chair


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