RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04006
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to him retiring he was appealing a Medical Evaluation Board
(MEB); however, after his appeal was denied he was given 90 days
to out-process. He did not receive any information regarding the
requirement to transfer his Post-9/11 GI Bill benefits to his
children prior to retiring in Nov 09. He tried transferring his
education benefits after he retired; however, it was at that time
he was advised by the Veterans Affairs (VA) that he needed to
have transferred his education benefits prior to retiring. Had
he known this prior to his retiring he would have ensured the
transferred was accomplished and transferred to his three
children.
The applicant does not provide any supporting documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 28 Nov 09 in the grade of master
sergeant after serving over 20 years on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. Service members enrolled in
38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are
able to transfer unused educational benefits to their dependent
spouses or children. In this case, the applicant states he was
not advised nor did he receive any information informing him that
he needed to transfer benefits prior to retirement. However,
after talking to the education counselor at his base, they stated
they gave multiple briefings and the education counselors were
well versed in the process. Further, the applicant checked YES
in Section IV, on the checklist stating that he did want
counseling for the following services and benefits. These
services and benefits are available to all service members,
unless otherwise specified. Item number 13 of the checklist
Education/Training area, (a) Education benefits (Montgomery GI
Bill, Veterans Educational Assistance Program, Vietnam-era, etc.)
was checked YES. The checklist was accomplished and dated on 5
Nov 09. Therefore, there was ample opportunities for the
member to ask about the benefit but chose/failed to gain
instructions of how to transfer benefits.
Additionally, the applicant never attempted to contact AFPC using
the Transferability of Educational Benefits (TEB) website.
Therefore, DPSIT concludes that there was no error or injustice
on the part of the Air Force.
The AFPC/DPSIT complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 Dec 11 for review and comment within 30 days. 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 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 the applicants version
of events sufficient to resolve any doubt in his favor 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.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 1 November
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04006 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for BC-2011-04006 was considered:
Exhibit A. DD Form 149, dated 6 Oct 11.
Exhibit B. Letter, AFPC/DPSIT, dated 15 Dec 11.
Exhibit C. Letter, SAF/MRBR, dated 29 Dec 11.
Panel Chair
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