RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02979 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not informed that he could apply for transfer of his Post 9/11 GI Bill benefits to his dependants prior to his retirement from Active Duty, therefore he did not. Veterans who believe they were not properly notified of the transfer of Post 9/11 GI Bill benefits requirement may apply for Correction of Military Records to allow transfer of these benefits. The applicant does not provide any documents in support of his request. His complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of major (Maj, O-4) effective 1 Sep 2009. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. DPSIT states the applicant did not provide adequate justification/documentation. He received pre-separation counseling on 15 Jan 2009 prior to his retirement. There is no record of his applying for the benefit in Transfer of Education Benefits (TEB) or any Right Now Technology (RNT) records. The Air Force issued AFI 36-2306, Voluntary Education Program, on 23 Jul 2009, which was subsequently replaced with AFI 36- 2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre- separation counseling, documented on DD Form 2648, Pre- Separation Counseling Checklist. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill. If the Board finds there was an injustice to the extent that the member did not receive adequate pre-separation counseling, as required by law and DoD regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, the Board may approve the member's request. The complete DPSIT evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He asks the Board not to deny his request. His final out- processing appointment was on 22 May 2009 and he was never briefed about the ability to transfer education benefits to his family members, nor was he given any options to enroll his family members. To deny him this benefit would be an injustice. His complete response is at Exhibit E. ________________________________________________________________ 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 timely made aware of his eligibility and the steps necessary to transfer his benefits to his dependents. While the applicant may have attended pre-separation counseling on 15 Jan 2009 and final out-processing on 22 May 2009 prior to his retirement, procedures for transferring benefits were not announced until after he was on terminal leave. Therefore, in the interest of justice, we find the evidence sufficient to grant the requested relief and recommend his records 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 31 Aug 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-02979 in Executive Session on 11 Feb 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2012- 02979: Exhibit A. DD Form 149, dated 24 May 2012. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 8 Aug 2012, w/atch. Exhibit D. Letter, SAF/MRBR, dated 20 Aug 2012. Exhibit E. Letter, Applicant, dated 27 Aug 2012. Acting Panel Chair 2 2