RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02100
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 children).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He retired right after the Transfer of Post-9/11 GI Bill Benefits
(TEB) went into effect and the system lost his TEB request. He
learned he could transfer his education benefits to his
dependents in late Jul 09 and began the process on-line; however,
the application said he must have Post-9/11 GI Bill eligibility
before he could apply. He applied through the Veterans Affairs
(VA) office and received confirmation that his package was being
processed on 12 Aug 09; however, the VA was backed up for up to
12 weeks. He did not receive his Certificate of Eligibility
until 5 Oct 09. The active duty TEB system showed his dependents
as being eligible for the transfer, but his dependents fell out
of the system sometime in October.
In support of his request, the applicant provides his Certificate
of Eligibility and a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 Sep 09 in the grade of senior master
sergeant (E-8).
_________________________________________________________________
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 submitted copies of his retirement terminal leave
and permissive TDY requests
The applicants complete submission, with attachments, 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 to his dependents, effective 25 August 2010; 1 August
2015, and 1 August 2017, respectively.
______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02100 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 7 Jun 10, w/atchs.
Exhibit B. Letter, AFPC/DPSI, dated 4 Oct 10.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 10.
Exhibit D. AF Forms 988, dated 1 May 09 and 11 May 09.
Panel Chair
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...
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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...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04296 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 son). The DPSI complete evaluation, with attachment, is at Exhibit B. _________________________________________________________________ The following members of...