RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02658
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents (spouse and daughter).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told he had to apply for the Transfer of Post-9/11 GI Bill
Benefits (TEB) prior to his official retirement date, which he
did. Once he was notified that his dependents were approved for
TEB he tried to add their names, but was unsuccessful. At that
point, he was told by his education counselor that his dependents
should have been added prior to his official retirement effective
date. However, he was not notified of this requirement as the
program was new and still developing. He is entitled the Post-
9/11 GI Bill because he met the requirement of being on active
duty as of 1 Aug 09 and applied for eligibility prior to his
retirement effective date of 1 Sep 09.
In support of his request, the applicant provides his Certificate
of Eligibility along with other documentation regarding his
eligibility.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 Sep 09 in the grade of master sergeant
(E-7).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSI makes no recommendation. DPSI states the Secretary of
the Air Force is required by law to provide members with
information regarding the Post-9/11 GI Bill. 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. Therefore, the
Board could find that there was an injustice if the members were
on active duty on 1 Aug 09, were not personally counseled about
the need to execute a transfer while serving in the Armed Forces,
and did not have ready access to DoD and Air Force guidance
because of their terminal leave status. The transfer date could
be effective as early as 1 Aug 09 and there would be no need to
place the member on active duty since the TEB system allows for
correction of the record by Air Force personnel.
The DPSI complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by pointing out the dates of the
governing regulations that AFPC/DPSI refers to are all after he
was in terminal leave status. He sternly disagrees with the
statement which says Had those members sought clarification from
an education counselor, read the DoD or Air Force guidance that
was very clear on that point, or taken other measures to make
timely decisions before their separation or retirement, they
could have initiated a timely transfer of benefits. He was
never contacted and apprised of this newly advertised
stipulation, nor did he believe he needed any clarification on
the TEB. He believes the Background paragraph provides a very
good summary which states 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. He and his wife eagerly stand by for
the Boards decision.
The applicants 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 timely made aware of
his eligibility and the steps necessary to transfer his 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, we elect to resolve any doubt
in this matter in behalf of the applicant and recommend the
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 August
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits in accordance with his expressed preferences as
indicated in the attached AFPC/DPSIT Memorandum.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02658 in Executive Session on 1 Mar 11, 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 12 Jul 10, w/atchs.
Exhibit B. Letter, AFPC/DPSI, dated 4 Oct 10.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 10.
Exhibit D. Letter, Applicant, dated 11 Nov 10.
Panel Chair
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