RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03484
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post 9/11 GI Bill benefits to her
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she inquired about transferring her Post 9/11 benefits to her
dependents she was misinformed.
In support of her appeal, the applicant provides a copy of a letter from
AFPC/DPSIT.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who 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 and states that 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/DPSI evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Mar
11, for review and comment within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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, she was not timely made aware of her eligibility and the steps
necessary to transfer her benefits to her dependents. In addition, we find
no basis to question the applicant's account in this matter and do not find
it reasonable that she 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 the transfer of Post 9/11 GI Bill
Educational Benefits will be executed in accordance with the member’s
expressed preferences contingent upon the completion of the necessary
paperwork as indicated in the attached AFPC/DPSIT Memorandum within 30
days.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2010-
03484 in Executive Session on 27 Jun 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 7 Nov 10, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIT, dated 27 Jan 11.
Exhibit C. Letter, SAF/MRBR, dated 4 Mar 11.
Panel Chair
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