RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01532
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he transferred his
entitlement to educational benefits under the Post-9/11 GI Bill
to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his retirement, he applied for eligibility for Post-
9/11 GI Bill benefits and received a Certificate of Eligibility.
He subsequently went online and filled in his family members and
the amount of his benefit he wanted transferred. He recently
attempted to double check his information, but the system does
not show his benefits were transferred.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he served on
active duty from 16 Apr 84 though 30 Apr 10. On 1 May 10, he
was retired for length of service in the grade of master
sergeant (E-7) and was credited with 26 years and 15 days of
total active service.
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 Exhibits C.
________________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA recommends denial, indicating there is no evidence of an
error or injustice. The applicant does not claim that he was
incorrectly counseled, nor does he claim he was not aware that
he needed to make the transfer of benefits while he was on
active duty. He only indicates that he was advised by the
Department of Veterans Affairs (DVA) to request a correction to
his records to add his children to his transfer of benefits.
The applicant had adequate time, opportunity, and access to
information about the transfer process between the time he
received his Post-9/11 GI Bill Certificate of Eligibility and
his 1 May 10 retirement date. The fact the member did not take
any action to ensure the request to transfer benefits was
properly submitted is not an error or injustice on the part of
the Air Force.
A complete copy of the AF/A1PA 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 24 Jun 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 an 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 his 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that the
transfer of Post-9/11 GI Bill Educational Benefits will be
executed in accordance with his expressed preferences contingent
upon the completion of the necessary paperwork within 30 days.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01532 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 was considered:
Exhibit A. DD Form 149, dated 22 Apr 11.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 25 May 11.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
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