RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03933

		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:

In an effort to facilitate the handover of his responsibilities, 
he requested to move his retirement, which was approved for 
1 August 2009, to 1 July 2009.  He would have delayed his 
retirement to August 2009 had he known the transfer of education 
benefits under Post-9/11 was available.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of 
lieutenant colonel (O-5) during the matter under review.

On 18 March 2009, the applicant’s commander approved his request 
to adjust his approved retirement date from 1 August 2009 to 
1 July 2009 as approval of the request was in the best interest 
of the Air Force.

On 1 July 2009, the applicant retired and was credited with 
22 years, 6 months, and 22 days of total active service.

Given the applicant’s service since 10 September 2001, he 
qualified for benefits under the Post 9/11 GI Bill in his own 
right.  Had he served on active duty on or after 1 August 2009, 
he would have qualified to transfer said benefits to his 
dependents without incurring the commitment to perform 
additional service.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends granting the requested relief noting that 
the BCMR has approved an adjustment to the retirement date of 
service members who retired between 1 July 2009 and 31 July 2009 
to 1 August 2009 to facilitate TEB approval.  Since the program 
was new and information was sporadically dispersed, it is 
reasonable to assume the applicant would have extended his 
retirement date a month to qualify for the TEB program had he 
been properly advised.

Service members 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.  The transfer of such entitlements must be done 
while the service member is on active duty.

The Air Force used internal media, internal communication tools, 
and external trade publications via the Air Force Personnel 
Center (AFPC) Commander and the Education and Training Sections 
at each installation to disseminate information regarding the 
transfer of education benefits to service members.  

The Department of Veterans Affairs (DVA), the Department of 
Defense (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.

A complete copy of the AFPC/DPSIT 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 6 January 2014 for review and comment within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office.

________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
applicant contends that had he known of the opportunity to 
transfer his education benefits under the Post 9/11 program, he 
would not have voluntarily requested to adjust his already 
approved 1 August 2009 retirement so that he could retire on 
1 July 2009.  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 the applicant was not 
aware of the steps necessary to transfer his benefits to his 
dependents and because of this, requested that his already 
approved 1 August 2009 retirement be adjusted to be effective 
1 July 2009.  We also do not find it reasonable to believe that 
he would have knowingly elected to move up his retirement date 
by one month had he known the implications of doing so would 
have compromised his potential eligibility for this important 
benefit.  Therefore, we believe that had he been properly 
counseled on the requirements necessary to transfer his 
benefits, he would not have voluntarily elected to retire a 
month prior to his already approved retirement date of 1 August 
2009, but would have still been on active duty when the Air 
Force offered members such as the applicant, who had an approved 
retirement date between 1 July 2009 and 1 August 2009, the 
opportunity to extend their service to 31 August 2009 for the 
purpose of qualifying for TEB.  Therefore, we believe it 
appropriate to correct the applicant’s records as indicated 
below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that: 

      a. On 30 June 2009, he was not relieved from active duty, 
but on that date, he continued to serve on active duty until 
31 August 2009.  
      
	b. On 31 August 2009, he elected to transfer his Post 9/11 
GI Bill Education Benefits to his dependents.
      
      c. On 31 August 2009, he was relieved from active duty and 
retired, effective 1 September 2009.

________________________________________________________________
The following members of the Board considered AFBCMR Docket 
Number BC-2013-03933 in Executive Session on 26 June 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 15 Aug 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSIT, dated 27 Aug 13.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 14.








DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC 


Office of the Assistant Secretary


AFBCMR BC-2013-03933



MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that:

	The pertinent military records of the Department of the Air Force relating to   , be 
corrected to show that:

      	a. On 30 June 2009, he was not relieved from active duty, but on that date, he was 
continued until 31 August 2009.  
      
		b. On 31 August 2009, he elected to transfer his Post 9/11 GI Bill Education 
Benefits to his dependents.
      
		c. On 31 August 2009, he was relieved from active duty and retired effective 
1 September 2009.

	In accordance with Section 1552(a)(4) of Title 10, United States Code, this directive is 
final and conclusive on all officers of the United States, who are required to take all necessary 
and appropriate action consistent with the corrections noted above and the attached Record of 
Proceedings.








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