RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02662
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not informed prior to his retirement that the transfer of
the GI Bill benefits had to take place while serving on active
duty.
In support of his request, the applicant provides email
communiqué, a copy of the Directive-Type Memorandum (DTM) 09-003:
Post-9/11 GI Bill, AFI 36-2306 AFGM1, and a copy of DD Form 2648, Preseparation Counseling checklist for Active Component Service
Members.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty on 31 August 2009 and
retired from the Air Force on 1 September 2009, having served
23 years 2 months and 28 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSI makes no recommendation. DPSI states members may have
had the impression that being on active duty or in the Selective
Reserve (SELRES) on the effective date of the law, 1 August 2009
was sufficient to vest them with the right to transfer benefits
at some time in the future. 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.
The Board could find that there was an injustice if the members
were on active duty 1 August 2009, 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 August 2009 and there
would be no need to place the member on active duty since the
Transfer of Educational Benefits (TEB) system allows for
correction of the record by Air Force personnel.
The DPSI complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 October 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
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 ,
effective 1 June 2011 and David Moore effective 1 June 2013.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02662 in Executive Session on 1 March 2011, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2010-02662 was considered:
Exhibit A. DD Form 149, dated 8 July 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 4 October 2010.
Exhibit D. Letter, SAF/MRBR, dated 15 October 2010.
Panel Chair
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