RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02419
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was on terminal leave from 29 Jun - 30 Sep 09, and was never
contacted about transferring his benefits to a dependent. He was
unaware of the transferability to dependent option when he
retired on 1 Oct 09.
He attended a Senior Transition Assistant Program (TAP) class in
Jan 09, and an Executive TAP class in Mar 09, and in both
instances the subject of transferability of educational benefits
was glossed over as a remote possibility; and the timing of the
enactment of the overall Post 9/11 GI Bill was addressed with
uncertainty.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, Retirement Orders, and Permissive Temporary Duty (TDY) and
Terminal Leave Request/Authorization Forms.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of colonel effective 1 Oct 09
after serving 30 years, 2 months, and 15 days of active duty
service.
Additional 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:
AFPC/DPSIT reviewed this case and states the applicant should be
allowed to sign up for the Transfer of Benefits and be allowed to
transfer those benefits to his dependents. DPSI states this is
one of many unfortunate cases of individuals during this time
frame (1 Jun 09 1 Oct 10) where the information available to
members was sometimes lacking. The fact that the Department of
Veterans Affairs (DVA) website was not very user friendly, and
the Air Forces website for transfer of benefits was not up and
running until 1 Aug 09; a lot of misinformation was passed around
during and before this period.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 Jul 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case and agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale
as the basis for our conclusion the applicant has been the victim
of an error or injustice. We note the Air Force, through various
means attempted to inform eligible personnel of this new benefit;
however, it appears through no fault of the applicant he was not
timely made aware of the steps necessary to transfer his benefits
to his dependents. In view of this, and noting the applicant was
otherwise eligible, we recommend his records be corrected to the
extent indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to the Board's 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 APPLICANT, be corrected to show that on 30 September
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02419 in Executive Session on 12 Sep 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 Jun 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 18 Aug 11.
Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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