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AF | BCMR | CY2011 | BC-2010-02292
Original file (BC-2010-02292.doc) Auto-classification: Approved

                            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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