RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02845
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 not briefed about this benefit at any time during his out
processing for retirement.
In support of his request, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 October
1985.
On 31 October 2009, the applicant was relieved from active duty
and on 1 November 2009, the applicant retired in the grade of
master sergeant under the provisions of AFI 36-3203 (Voluntary
Retirement Sufficient Service for Retirement). He served
24 years and 14 days of active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that members have had
the impression that being on active duty or in the Selected
Reserve (SELRES) on the effective date of the law, 1 August 2009,
was sufficient to vest them with the right to transfer benefits
at some time in the future. Had those members sought
clarification from an education counselor, read the DoD or Air
Force guidance that was very clear on that point, or had taken
other measures to make timely decisions before their separation
or retirement, they could have initiated a timely transfer of
benefits.
The applicant was given adequate information and failed to follow
through with the requirement to transfer benefits while on active
duty.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 September 2011, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). As of this date, this office has received no
response.
_________________________________________________________________
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 the
majority of the Board notes 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, the
majority of the Board finds 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, the majority of the
Board elects to resolve any doubt in this matter in behalf of the
applicant and recommends the records be corrected as indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that on
30 October 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02845 in Executive Session on 21 May 2012, under
the provisions of AFI 36-2603:
By a majority vote, the Board recommended approval of the
application. voted to deny the applicants request but does not
desire to submit a minority report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 29 July 2011, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 29 August 2011.
Exhibit C. Letter, SAF/MRBR, dated 16 September 2011.
Panel Chair
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