RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04760
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent daughter effective 1 Sep 10.
_________________________________________________________________
APPLICANT CONTENDS THAT
On 12 Nov 10, he attempted to transfer his Post-9/11 benefits to
his daughter. His request to transfer his benefits was denied
because he did not have the one year retainability requirement
based on his approved retirement date of 1 Sep 11. He did not
have an approved retirement date when he attended the Transition
Assistance Program (TAP) briefing, was not aware of the one year
retainability requirement and would have elected to transfer his
benefits within the one year timeframe had he been informed of
the requirement.
In support of his request, the applicant provides copies of back
ground documentation related to his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the
grade of master sergeant (E-7). In the spring of 2010, he
received an assignment, and based on his personal situation he
submitted a voluntary retirement request to avoid the permanent
change of station move. In Oct 10, his request for voluntary
retirement was approved. On 12 Nov 10, he attempted to transfer
his Post-9/11 GI Bill educational benefits, but his request was
denied due to not having the one year retainability.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/A1PA recommends denial. A1PA states the applicants
decision to retire had unintended consequences but does not
constitute an error or injustice. He completed a pre-
separation/retirement checklist that contained clear guidance on
transferring Post-9/11 GI Bill benefits. The checklist he
completed, acknowledged, and electronically signed states, By
law (USC title 38), certain enrollment actions (e.g. initiation
of Post-9/11 GI Bill transfer of benefits) are only available
when you are on active duty and lost once separated or
retired
You may incur an active duty service commitment (ADSC)
with certain enrollment actions; therefore, we highly recommend
you seek counseling prior to submitting your application for
separation/retirement. If you take action after being approved
for separation/retirement, you could lose the benefit if you
cant complete the required service before your approved
separation/retirement date.
A1PA states it should be noted the applicant had the opportunity
to, but did not, transfer the benefits as early as 27 Jun 09 even
though the effective date would not have been earlier than
1 Aug 09. In theory, if he had transferred benefits in a timely
fashion, he could have served the one-year commitment before
retirement.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He did not have a retirement date when he attended the TAP
briefing. If he had any chance of gaining eight more weeks of
retainability needed for the one year retainability needed in his
situation, he would have transferred the Post-9/11 benefits to
his daughter a long time before. Had he been given accurate
information at his TAP briefing, he would have had an opportunity
to remedy this situation. He emphasizes that had he known about
the one year retainability requirement, he would have transferred
his Post-9/11 GI Bill to his daughter some time ago. Many people
within the Air Force dont understand the requirements of the
program and there is widespread confusion concerning this
benefit.
The applicants complete response, 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 (OPR)
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
DEPENDENTS NAME, effective 30 Aug 10.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04760 in Executive Session on 29 Jul 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 pertaining was considered:
Exhibit A. DD Form 149, dated 21 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAF/A1PA, dated 30 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10.
Exhibit E. Letter, Applicant, dated 28 Dec 10, w/atchs.
Panel Chair
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