RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01680
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed that the transfer of benefits had to take
place while he was on active duty. He attended both the long
and short Transition Assistance Program (TAP) classes and no
discussion was held on the requirements.
He attempted to transfer his benefits while he was on terminal
leave, but was unable to because he did not have a Common Access
Card (CAC) reader installed on his home computer.
In support of his request, the applicant provides personal
statements, his DD Form 2648, Pre-separation Counseling
Checklist For Active Component Service Members, a Post 9/11 GI
Bill Transferability Information Sheet, and a memorandum for
HQ AFPC/DPSIT.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The available records reflect the applicant was retired in the
grade of major on 1 Feb 10.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSI states service members may have had the impression
that being on active duty or in the Selected Reserve (SELRES) on
the effective date of the law, 1 Aug 09, was sufficient to
vest them with the right to transfer benefits at some time in
the future. Had those members sought clarification from an
educational counselor, read the Department of Defense 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.
DPSI notes the Board could find that there was an injustice if
the service 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 service member on
active duty since the Transfer of Educational Benefits (TEB)
system allows for correction of the record by Air Force
personnel.
The complete HQ AFPC/DPSI evaluation with attachments is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 Oct 10 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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.
_________________________________________________________________
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 XXXX,
effective 1 November 2010.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01680 in Executive Session on 1 March 2011, 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 29 Apr 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSI, dated 4 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.
Panel Chair
AF | BCMR | CY2010 | BC-2010-02833
Had those members sought clarification from an educational counselor, read the Department of Defense 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 transfer date could be effective as early as 1 Aug 09 and there would be no need to place the service member on active duty since the Transfer of Educational Benefits (TEB) system allows...
AF | BCMR | CY2011 | BC-2010-02292
DPSI notes the Board could find there was an injustice if the service 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 due to 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 service member on active duty since the Transfer of Educational Benefits (TEB) system...
AF | BCMR | CY2011 | BC-2010-02285
If those service members had sought clarification from an educational counselor, read the DOD or Air Force guidance that was very clear on that point, or taken other measures to make a timely decision before their separation or retirement, they could have initiated a timely transfer of benefits. The complete HQ USAF/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the...
AF | BCMR | CY2010 | BC-2010-02100
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. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted copies of his retirement terminal leave and permissive TDY requests The applicants complete submission, with attachments, is at Exhibit...
AF | BCMR | CY2010 | BC-2010-04133
He took several steps to gather information on transferring educational benefits to the Post-9/11 GI Bill. There was limited information about the Post-9/11 GI Bill and even less on transferring educational benefits. Members may have had the impression that being on active duty or in the SelRes on the effective date of the law, 1 Aug 09, was sufficient to vest them with the right to transfer benefits at some time in the future.
AF | BCMR | CY2010 | BC 2010 02658
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. 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...
AF | BCMR | CY2011 | BC-2010-01966
Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 30 September 2009 he elected to transfer his Post 9/11 GI...
AF | BCMR | CY2011 | BC-2010-03484
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSI recommends denial and states that service members may have had the notion that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 Aug 09, was enough to “vest” them with the right to...
AF | BCMR | CY2011 | BC-2010-02702
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service.
AF | BCMR | CY2011 | BC-2010-02531
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. Exhibit B. Applicant’s Master Personnel Records.