RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01533
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits to his son.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he initiated the transfer of education benefits (TEB) there
was a significant amount of confusion and challenges with the
electronic implementation. At the time he applied for the TEB,
he was preparing to deploy and tried to confirm the transfer of
benefits and retirement plans. It was recommended to sign up for
the transfer and wait to see what the requirements would later
entail. He identified both his sons in the transfer, but he
named his youngest son as the recipient of the benefits since his
older son was planning on graduating in the spring of 2011.
He contacted AFPC to see where his transfer stood only to find
out they did not receive his validation; therefore, the paperwork
was not in effect. He wanted to add his oldest son as a
beneficiary of the education benefits, but was informed that he
would have to remain on active duty from the date of
approval/acceptance of the transfer. He contacted the colonels
group to request a 4 month extension and was approved. All
paperwork was completed and approved on or about 13 Apr 10. The
transfer status date was 29 Apr 10.
In Sep 10, he resubmitted his request to retire to be effective
1 May 11. He contacted AFPC trying to resolve the TEB issue for
his oldest son; however, it was suggested he request a correction
of records. The only rationale provided as to why his oldest son
was not eligible for the TEB was due to him turning 23 years of
age prior to the completion of the paperwork being accomplished.
In support of his request, the applicant provides a copy of his
TEB approval package and a copy of his sons transcript.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 May 11 in the grade of colonel (0-6)
from the Regular Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial. A1PA states they were unable to
verify the applicants initial transfer of benefits because there
is no record in the database. The database reflects the
applicant was approved to transfer 35 months to his youngest son
and 1 month to his spouse. The process did not allow the
applicant to complete the transfer to his oldest son because he
was no longer eligible to receive TEB as he reached his 23rd
birthday on 17 Mar 10.
It is unfortunate that the applicant did not ensure his attempted
transfer in Oct 09 was completed. However, based on his own
statement, even if he had been successful and the application had
been approved, he intentionally did not include his oldest son in
his initial transfer attempt. He did not complete the transfer
application until his son had turned 23 years of age. In
addition, it should be noted the applicant transferred all
remaining benefits to his eligible dependents.
The HQ USAF/A1PA complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by stating that it was his understanding
the transfer to dependents was only available for undergraduate
degrees and his oldest son was finishing his bachelors degree in
the summer of 2011. If he had been approved for a 1 Jan 11
retirement, his oldest son would graduate before he could use any
of the Post 9/11 benefits. He understood that the months applied
to each transferee could be changed at any time.
He asks the Board to consider that understanding the elements of
a newly implemented DoD/VA program, preparing for deployment to
Iraq, the normal operational pace of Air Staff workload, plus
submitting a retirement request created a fog of war that
influenced priorities
deployment was his number 1 priority. As
A1PA stated if the Boards decision is to grant relief sought, it
will be based upon the misunderstanding of counseling as well as
potential mis-counseling about program elements to include
dependent age limitations associated with transfer. He
respectfully requests this matter be corrected in this forum now;
rather than pursuing a congressional with Senator Orrin Hatch.
The applicants complete submission is at 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. After
reviewing the documentation submitted, we find it reasonable the
applicant may have been miscounseled regarding the requirements
necessary to transfer his GI Bill benefits. Despite the efforts
of the Air Force to make personnel aware of this program during
its inception, we are aware that there were problems with the
dissemination of information. Consequently, the applicant has
established reasonable doubt as to whether he was miscounseled.
We elect to resolve such doubt in favor of the applicant.
Therefore, we recommend his 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 16 March 2010,
he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01533 in Executive Session on 10 Nov 11, under the
provisions of AFI 36-3003:
, 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 18 Apr 11, w/atchs.
Exhibit B. Letter, HQ USAF/A1PA, dated 8 Jun 11.
Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.
Exhibit D. Letter, Applicant, 12 Jul 11.
Panel Chair
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