RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02585 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 G.I. Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his retirement, he was briefed that he could transfer the educational benefits at anytime and was not aware it had to be accomplished while he was still on active duty. He retired in November 2009 and would like to transfer the Post-9/11 G.I. Bill to his son. His complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 1 Nov 09. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant was given adequate information and failed to follow through with the requirement to transfer his education benefits while on active duty. On 11 May 09, the applicant attended a pre-separation briefing and indicated that he wanted counseling on the education benefits. Additionally, during his out-processing on 10 Jul 09 with the Education Center, he could have inquired with the education personnel as to how to do the transfer of benefits. The applicant had plenty of time from his pre-separation briefing to his actual retirement on 1 Nov 09 to designate the number of months for each of his dependents. The applicant’s failure to act in a timely manner is not a basis for approval on the part of the Air Force. The complete DPSIT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The only guidance available regarding the Post-9/11 G.I. Bill was you had to be on active duty at least 6 years and be on active duty after August 2009. He was never told that he had to transfer his benefits to his dependents prior to retiring. In fact, he was told that he had up to 10 years to transfer the benefit. His son enrolled into college in August 2012. When he went to transfer the G.I. Bill he was told that he had to submit a DD Form 149 because he did not transfer his benefits while he was on active duty. The applicant’s complete submission, with attachments, 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 warranting corrective action regarding the applicant’s Transfer of Educational Benefits. We note the comments of the Air Force office of primary responsibility; nonetheless, based on the evidence of record and that provided by the applicant, we find it reasonable to believe that had he been properly briefed on the TEB, he would have requested a transfer of his education benefits before he retired. Consequently, we find the evidence provided sufficient to grant the requested relief. Therefore, in the interest of justice, we recommend the applicant’s record be corrected 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 on 30 October 2009, he elected to transfer his Post-9/11 G.I. Bill Educational Benefits to his dependents. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02585 in Executive Session on 27 Mar 13, 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 21 Apr 12. Exhibit B. Letter, AFPC/DPSIT, dated 2 Jul 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 7 Aug 12. Exhibit D. Letter, Applicant, dated 15 Aug 12. Panel Chair