RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02070
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post 9/11 GI Bill benefits to her
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was on active duty on 1 August 2009 but discovered later that
the transfer of benefits was not accomplished.
In support of her request, the applicant provides a personal
statement and documents extracted from her military personnel
records.
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
20 years 8 months and 18 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 4 March 2011, 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 she
was not timely made aware of her eligibility and the steps
necessary to transfer her benefits to her dependents. In
addition we find no basis to question the applicant's account in
this matter and do not find it reasonable that she 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 she elected to
transfer her Post 9/11 GI Bill Educational Benefits to ,
effective 1 August 2011.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02070 in Executive Session on 11 April 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-2010-02070 was considered:
Exhibit A. DD Form 149, dated 10 June 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 25 January 2011.
Exhibit D. Letter, SAF/MRBR, dated 4 March 2011.
Panel Chair
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