RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04096
COUNSEL: NO
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not told that the education benefits needed to be
transferred to his dependent prior to retiring. He was not
provided any information regarding the transfer; therefore, he is
requesting for it to be done now.
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 1 Feb 10 in the grade of master sergeant
after serving over 20 years on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. Post 9/11 GI Bill, Chapter 33,
became effective 1 Aug 09 based on Post 9/11 Veteran Education
Act of 2008. The Public Law states in part, that an individual
may transfer such entitlement only while serving as a member of
the Armed Forces when the transfer is executed. Articles were
published that explained the program benefits and requirements.
This communication plan was carefully implemented because there
is no provision in the law or DoD policy for a waiver if a member
retires without transferring the benefits. The opportunity to
transfer is not an entitlement and is in fact intended as a
retention tool in exchange for additional service. Every effort
was made, even before the program became available, to convey
information to eligible members. In this case, the applicant did
not transfer his benefits prior to his established retirement
date as defined by law.
The ARPC/DPTT 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 1 Mar 12 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 Reserve Personnel Center 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.
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 our understanding of the issue 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 January
2010, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04096 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-2011-04096 was considered:
Exhibit A. DD Form 149, dated 3 Oct 11.
Exhibit B. Letter, ARPC/DPTT, dated 7 Feb 12.
Exhibit C. Letter, SAF/MRBR, dated 1 Mar 12.
Panel Chair
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