RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03549
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:
He retired on 30 September 2009. He attended a comprehensive
Transition Assistance Program (TAP) at the United States Air
Force Academy in June/July 2009. During that time, the
information regarding the GI Bill was all speculative and not
finalized. He was on terminal leave the majority of August and
September 2009 and had no access to updated official information
because he was forced to turn in his common access card (CAC).
All calls to the Department of Veterans Affairs (DVA) stated
that they were waiting for implementation instructions for the
Post 9/11 education benefits.
In support of his request, the applicant provides a service
letter and a copy of his retirement orders.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 October 2009, the applicant was relieved from active duty
and reverted to the retired list in the grade of lieutenant
colonel.
_________________________________________________________________
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:
The applicant states the Air Force should have made a good faith
effort to seek out members who were already on terminal leave or
who had already completed their pre-separation counseling. He
request the Board comply with the spirit and intent of Chapter
33, Title 33, USC, Post 9/11 GI Bill and correct this injustice.
The applicants complete response is at Exhibit E.
_________________________________________________________________
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-
03549 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 24 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 8 Dec 10.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11.
Exhibit E. Letter, Applicant, dated 7 Feb 11.
Panel Chair
AFBCMR BC-2010-03549
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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