RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02292
INDEX CODE: 128.14
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 was not briefed or made aware that he had to transfer his GI benefits
prior to retiring.
In support of his appeal, the applicant provides a copy of his retirement
orders and a letter from AFPC/DPSIT letter.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 Oct 84, he was commissioned as a second lieutenant in the Regular Air
Force. He was progressively promoted to the grade of colonel, having
assumed the grade effective and with a date of rank of 1 Jan 06. He was
retired on 1 Sep 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:
AFPC/DPSI recommends denial. DPSI states service members may have had the
notion that being on active duty or in the Selected Reserve (SELRES) on the
effective date of the law, 1 Aug 09, was enough to “vest” them with the
right to transfer benefits at some time in the future. If those service
members had sought clarification from an educational counselor, read the
DOD or Air Force guidance that was very clear on that point, or taken other
measures to make a timely decision before their separation or retirement,
they could have initiated a timely transfer of benefits.
DPSI notes the Board could find there was an injustice if the service
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 due to 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 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 HQ USAF/DPSIT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was on active duty after 1 Aug 09. He was not
personally counseled about the need to transfer benefits while on active
duty. He did not have ready access to DOD and Air Force guidance because
of his terminal leave status.
The applicant’s 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:
a. He elected to transfer his Post 9/11 GI Bill Educational Benefits
to a dependent, Christine E. Perkinson, effective 1 November 2011.
b. He elected to transfer his Post 9/11 GI Bill Educational Benefits
to a dependent, Lauren E. Perkinson, effective 10 August 2012.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2010-
02292 in Executive Session on 1 Mar 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 23 May 10, w/atchs.
Exhibit B. Letter, Applican’s Military record.
Exhibit C. HQ AFPC/DPSIT, dated 4 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.
Exhibit E. Letter, Applicant, dated 26 Oct 10.
Panel Chair
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