RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04634
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was not provided guidance or advice regarding the need to 
adjust or transfer his Post-9/11 GI Bill entitlement prior to 
his retirement.  He was advised that he could adjust or revoke 
his benefits at any time.

In support of his request, the applicant provides copies of his 
Post-9/11 GI Bill Transfer of Education Benefits (TEB) Checklist 
and Special Order AC-4000005 dated 12 Jun 2009.

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

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STATEMENT OF FACTS:

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.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air National Guard.  Accordingly, there is no need to recite 
these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

NGB/AlY recommends approval.  A1Y states that Public Law No. 
110-252, section 3319 (f)(2)(A) states: "In General - An 
individual transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion 
of the entitlement so transferred." Directive-Type Memorandum 
(DTM) 09-003 Post-9/11 GI Bill, 22 Jun 2009, (reissued 14 Sep 
2011) attachment 2, paragraph 3g (2)(a) 2 states: "An individual 
may not add dependents after retirement or separation from the 
Armed Forces, but may modify the number of months of the 
transferred benefit after retirement or separation for those 
dependents who had received transferred benefits prior to 
separation or retirement."  Both of these documents were 
published on government-hosted websites prior to the effective 
date of the Post-9/11 GI Bill.  While the applicant did not 
designate all his dependents to receive transferred benefits 
prior his retirement as defined in DTM 09-003, he followed all 
the steps he believed were required based on the information and 
guidance he received.

The complete A1Y evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 Jan 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit C).

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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.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we believe it is in the interest of justice 
to recommend granting the requested relief.  Therefore, we agree 
with the opinion and recommendation of the Air Force office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion the applicant has been the victim of an error or 
injustice.  Accordingly, we 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 he elected 
to transfer his Post-9/11 GI Bill Educational Benefits to his 
dependents, effective 1 May 2010.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 2 Jul 2013, 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 in AFBCMR BC-2012-
04634:

     Exhibit A.  DD Form 149, dated 1 Oct 2012, w/atchs.
     Exhibit B.  Letter, NGB/A1Y, dated 26 Dec 2012, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 15 Jan 2013. 




                                   
                                   Panel Chair


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