RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02036
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
His spouse and son are not listed on his records; therefore,
they have not been allowed to receive his Post 9/11 GI Bill
Education benefits.
In support of his request, the applicant provides a personal
letter, copies of letter from the Department of Veterans Affairs
(DVA), his VA Form 22-1990E, Application for Family Member to
Use Transferred Benefits; his DD Form 214, Certificate of
Release or Discharge from Active Duty; an article on transfer of
VA benefits.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 26 December 1984, the applicant entered the Regular Air
Force. On 1 October 2009, he retired in the grade of master
sergeant.
On 8 August 2010, AFPC/DPSOY administratively corrected the
applicants records to reflect the award of the Meritorious
Service Medal.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSI recommends denial. 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 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 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 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 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 DPSI evaluation, with attachments, 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 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 his
dependent, effective 30 September 2009.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2010-
02036 in Executive Session on 11 April 2011, 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:
Exhibit A. DD Form 149, dated 21 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 4 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.
Panel Chair
AFBCMR BC-2010-02036
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code (70A Stat 116), it is directed 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 30 September 2009.
Director
Air Force Review Boards Agency
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