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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