RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03998
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he inquired about transferring his Post 9/11 benefits to his
dependents he was misinformed.
In support of his appeal, the applicant provides copies of
documents extracted from his military personnel records.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 Nov 09.
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:
AFRC/A1K recommends denial, indicating that in accordance with
the provisions of Title 38, United States Code (USC), an
individual my only transfer their entitlement while serving as a
member of the armed forces when the transfer is executed. Every
effort was made to make sure that every eligible service member
understood the process for transferring benefits. The Department
of Veterans Affairs (DVA) itself did not have its final rules
published until 31 Mar 09. While the rules and regulations were
being formulated, DoD and the services were busy trying to build
an infrastructure that could transmit the transfer of benefit
data between DoD and the DVA. In the haste to implement the
transfer of benefits, there was a lot of information that was
misrepresented. While there was information that was
misrepresented Many were lead to believe that in order to
transfer education benefits to a dependent they only needed to be
serving on active duty on 1 Aug 09. Therefore, individuals
planned and adjusted their retirement date so they were on active
duty on 1 Aug 09. As the effective date of the program got
closer, the rules of engagement became more clear; and it has
become evident the information was not provided to everyone.
The complete AFRC/A1K evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was not provided the necessary
information regarding the transfer of benefits to a dependent
prior to his retirement. Westover ARB did not receive the
information regarding the transfer of benefits to dependents
until 29 Oct 09.
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 an 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
______________________________________________________________
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 October
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-03998 in Executive Session on 25 Aug 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 19 Oct 10, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ AFRC/A1K, dated 15 Dec 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Mar 11.
Exhibit E. Letter, Applicant, dated 22 Mar 11.
Panel Chair
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