RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04575
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant submitted two DD Forms 149, Application for
Correction of Military Record under the Provisions of Title 10,
U.S. Code, Section 1552 requesting the following corrections:
a) His DD Form 214, Certificate of Release or Discharge from
Active Duty be corrected to reflect his overseas duty.
b) He be allowed to transfer his Post-9/11 GI Bill benefits to
his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He never received a DD Form 214 nor was he given credit for
the time he served at Prince Sultan Air Base, Saudi Arabia
during the period 14 Jul 01 to 30 Jul 01.
2. He retired in Sep 10, but was unaware he had to transfer his
Post 9/11 benefits prior to his retirement. The Post 9/11 GI
Bill transfer requirements were not part of his unit out-
processing procedures until Dec 10, approximately three months
after he retired.
In support of his request, the applicant provides a copy of his
unit out-processing checklist.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Sep 10, the applicant retired in the grade of master
sergeant.
On 1 Feb 12, ARPC/DPTS notified the applicant they were unable
to correct his DD Form 214 to reflect his overseas duty for
Operation SOUTHERN WATCH at Prince Sultan Air Base, Saudi Arabia
during the period 14 Jul 01 to 30 Jul 01. Per AFI 36-3202, Separation Documents, the DD Form 214 is issued for 90 days or
more continuous active duty service or in support of a
contingency operation. Operation SOUTHERN WATCH is not one of
the authorized contingencies warranting a DD Form 214.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT recommends denial of his request to transfer his
Post 9/11 GI Bill benefits. DPSIT states Post 9/11 GI Bill,
Chapter 33, became effective 1 Aug 09 based on Post
9/11 Veterans Education Assistance Act of 08. It is the result
of Public Law No 110-252 signed by the President on 30 Jun 08.
Section 3319 (f)(1) which 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. As early as
Apr 09, Veterans Administration, Air Force and Air Reserve
Components, and in fact all services, published articles in
service related newsletters and web sites explaining the program
benefits and requirements.
DPTT states that although the applicant would have been
otherwise eligible for the benefit per the Verification of
Members Active Duty Service memo dated 10 Jan 12; based on the
facts provided, the applicant did not transfer his Post 9/11 GI
Bill benefits to his dependents prior to his established
retirement date as defined in Public Law No 110-252.
The complete DPTT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 19 Mar 12, the applicant reiterates his
contention that he was unaware he had to transfer his Post
9/11 benefits prior to his retirement.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice to warrant
correcting the applicants DD Form 214 to reflect his overseas
duty. We note the applicant was advised in DPTSs letter, dated
1 Feb 12, that in accordance with AFI 36-3202, table 2, the DD
Form 214 is only issued for 90 days or more continuous active
duty service or in support of a contingency operation.
Operation SOUTHERN WATCH is not one of the authorized
contingencies warranting a DD Form 214. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. Notwithstanding the above, 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 the applicant was not
aware of the steps necessary to transfer his benefits to his
dependents. We also do not find it reasonable that he would
have knowingly elected not to pursue use of this important
entitlement. Therefore, in the interest of justice, we find the
evidence sufficient to grant his request to transfer his
benefits. In view of the above, we recommend the records be
corrected to the extent 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
31 August 2010, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2011-
04575 in Executive Session on 13 Sep 12, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the record, as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04575 was considered:
Exhibit A. DD Forms 149, dated 5 Nov 11 and 30 Nov 11,
w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, ARPC/DPTT, dated 1 Feb 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12.
Exhibit E. Letter, Applicant, dated 19 Mar 12, w/atchs.
Panel Chair
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