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AF | BCMR | CY2010 | BC-2010-04296
Original file (BC-2010-04296.txt) Auto-classification: Approved
 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). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The program information regarding the 9/11 GI Bill was incomplete 
and did not fully state the requirements for transferring of the 
benefits. Had he known of the requirement he would have 
completed the required documents. 

 

In support of his request, the applicant provides a copy of a 
letter from AFPC DPSIT and a copy of his election to transfer the 
benefits. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

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, with attachment, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 1 Apr 11 for review and comment within 30 days. 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 an injustice. While we note the Air 
Force office of primary responsibility postion, we are inclined 
to believe the applicant was not fully aware of the TEB 
eligibility requirements 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; 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 December 
2009, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits in accordance with his expressed preferences as 
indicated in the attached AFPC/DPSIT Memorandum. 

 

_________________________________________________________________ 

 

 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04296 in Executive Session on 25 Aug 11, under the 
provisions of AFI 36-3003: 


 

 , 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 10 Nov 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSI, dated 4 Mar 11, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Feb 11. 

 

 

 

 

 

 Panel Chair 

 

 

 



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