RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01058
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 miscounseled. He was provided incomplete information
regarding the Post 9/11 education benefits and the Montgomery GI
Bill.
In support of his request, the applicant submits a personal
statement, Post 9/11 GI Bill Transfer of Education Benefits
Statement of Understanding, email communiqué, and other
documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/A1PA recommends denial. A1PA states the applicant applied
and was approved for retirement effective 1 May 2011. On
11 January 2011 he attempted to transfer Post 9/11 GI Bill
educational benefits. Based on his approved 1 May 2011
retirement date, his transfer was disapproved because he could
not get retainability.
On 24 June 2010, the Air Force implemented a new pre-retirement
application checklist that contained an advisory paragraph on the
impact voluntary retirement may have on transferring Post 9/11 GI
Bill benefits. The applicant completed and electronically signed
this checklist when he formally submitted his voluntary
retirement application on 19 October 2010.
The applicants records support his statement that he attended a
Transition Assistance Program briefing on 4 October 2010 at
Kirtland. The records indicate that the standard education
briefing was provided by Department of Veterans Affairs (DVA)
representatives and covered all elements of the program,
including the retainability requirements.
The applicants decision to apply for voluntary retirement before
applying to transfer benefits had unintended consequences but
does not constitute an error or injustice.
The A1PA complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
During his briefing, the briefer provided limited details
regarding the program. He was informed that if he planned on
retiring he had to transfer the benefits before his last day on
active duty. On 11 January 2011, he applied to transfer his
benefits and his request was denied. He served in the
performance of aeronautical duties as a flight engineer serving
many combat zones. He and his family made sacrifices on behalf
of the Air Force and the United States of America to be entitled
to this benefit.
The applicants complete response, with attachments 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 fully aware of the steps necessary to transfer his
benefits to his dependents. In addition, we find the evidence
sufficient to give him the benefit of doubt in this matter as it
does not appear 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 on 30 April
2011, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01058 in Executive Session on 10 January 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-01058 was considered:
Exhibit A. DD Form 149, dated 14 March 2011, w/atchs.
Exhibit B. Letter, USAF/A1PA, dated 13 May 2011.
Exhibit C. Letter, SAF/MRBR, dated 20 May 2011.
Exhibit D. Letter, Applicant, dated 5 June 2011.
Panel Chair
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