RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-01270
		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:

His Transfer of Educational Benefits (TEB) was modified by 
someone else after he submitted it in 2009.  He originally 
allocated 18 months to each of his daughters.  It now only 
reflects his oldest daughter with the 18 months allocated to 
her.  The rest of his family and the remaining 18 months of 
eligibility have disappeared from the form. 

He requests that the TEB be corrected to reflect his daughter 
and the 18 months of VA benefits he allocated to her in Aug 
2009.

When he originally completed the TEB on-line in 2009, he and his 
entire family appeared on the form.  He checked all the 
appropriate boxes, including the transfer of benefits to his 
daughters, allocating 18 months of his 36 months to each of his 
daughters.  He had no reason to suspect the information he 
entered would ever change after he submitted the information.  
He did not change the data himself or authorize anyone else to 
modify his TEB.  He had no reasonable explanation for the 
corruption of the TEB data.  He obviously executed his TEB.  It 
is reasonable to expect the data he originally entered be 
restored so that his daughter can receive her benefit.

It has been suggested that he submit a "screen snap shot" of his 
original TEB as evidence that he allocated 18 months to his 
daughter.  At the time he submitted the TEB, it did not occur to 
him to make such a copy.  There is no "print button" associated 
with the form.  Unlike internet purchases, he did not receive an 
e-mail verifying the data he submitted.  He trusted that the 
data he submitted would remain unchanged until he changed it, as 
any reasonable person would.  His oldest daughter received her 
portion of the Post 9/11 GI Bill benefits and he had no reason 
to know that his other daughter’s data had been removed and thus 
not show up in the Department of Veterans Affairs (DVA) system.  
He retired in Jun 2011 and submitted his retirement request six 
months prior to his retirement.  He never received any warning 
that he should verify his TEB prior to his retirement date and 
make a copy of his TEB screen.  Obviously, had he any notion 
that there could be a problem; he would have taken care of it 
sooner.  

He served his country faithfully for over 27 years.  He held a 
Top Secret security clearance for most of that time. He was an 
officer recognized by Congress, entrusted with the safeguarding 
thousands of lives and hundreds of millions of dollars worth of 
equipment.  He believes to prevent an injustice the Board should 
take his word as truth, correct his TEB, and help out a fellow 
airman trying to put an amazing young woman through college.

In support of his request, he provides copies of a signed, 
notarized affidavit, VA Form 21-4138, Statement in Support of 
Claim, and a photograph of his daughter.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 30 Jun 2011, the applicant retired from the Air National 
Guard (ANG) in the grade of lieutenant colonel (Lt Col, O-5).

Post 9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post 9/11 GI Bill, and: 

*	Has at least six years of service in the Armed Forces on 
the date of election and agrees to serve four additional 
years in the Armed Forces from the date of election. 

*	Has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of 
election, is precluded by either standard policy (service 
or DoD) or statute from committing to four additional 
years, and agrees to serve for the maximum amount of time 
allowed by such policy or statute, or 

*	Is or becomes retirement eligible during the period from 
1 Aug 2009, through 1 Aug 2013.  A service member is 
considered to be retirement eligible if he or she has 
completed 20 years of active duty or 20 qualifying years of 
reserve service. 

*	For those individuals eligible for retirement on 1 Aug 
2009, no additional service is required.

*	For those individuals who have an approved retirement 
date after 1 Aug 2009, and before 1 Jul 2010, no 
additional service is required.

*	For those individuals eligible for retirement after 
1 Aug 2009, and before 1 Aug 2010, one year of 
additional service after approval of transfer is 
required.

*	For those individuals eligible for retirement on or 
after 1 Aug 2010, and before 1 Aug 2011, two years of 
additional service after approval of transfer are 
required. 

*	For those individuals eligible for retirement on or 
after 1 Aug 2011, and before 1 Aug 2012, three years 
of additional service after approval of transfer 
required. 

________________________________________________________________

AIR FORCE EVALUATION:

NGB/AlYR recommends approval.  A1Y states they contacted the 
Retention Office Manager (ROM) who stated the applicant came to 
her office prior to his retirement with questions concerning his 
transfer request to both his daughters.  The ROM stated that he 
understood the transfer needed to be accomplished before he 
retired.  He advised the ROM he had already completed the 
transfer on the TEB website for his daughters and was only 
waiting for approval.  As he was not a member of the ROM’s unit, 
she contacted the applicant’s ROM, who assured her he had in 
fact submitted the transfer request for his daughters.

When the applicant next contacted the ROM, it was to inform her 
that his oldest daughter was the only child receiving benefits 
and that his younger daughter was no longer listed.

The complete A1Y evaluation is at Exhibit C.

NGB/A1PS concurs with A1Y and recommends approval of the 
applicant’s request to transfer his Post-9/11 GI Bill benefits 
to his younger daughter.

The complete A1PS evaluation is at Exhibit D.

________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 Jun 2012, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days.  To date, a response has not been received (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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the facts and circumstances of this case, we 
believe the applicant has suffered an injustice.   In this 
respect, we note that the Retention Office Manager states the 
applicant submitted a request to transfer his benefits to both 
his daughters.  However, for reasons unknown, it appears that 
only one of his daughters received the Post 9/11 GI Bill 
benefit.  Based on the available evidence, we believe the 
applicant exercised due diligence in taking the necessary steps 
to transfer his benefits to his dependents.  In view of the 
above and in the interest of justice, we find the evidence 
sufficient to grant the requested relief.  Accordingly, we 
recommend his 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 30 Jun 
2011, he elected to transfer his Post 9/11 GI Bill Educational 
Benefits.
________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-01270 in Executive Session on 13 Sep 2012, 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 in AFBCMR BC-2012-
01270:

     Exhibit A.  DD Form 149, dated 22 Mar 2012, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, NGB/A1Y, dated 8 Jun 2012.
     Exhibit D.  Letter, NGB/A1PS, dated 11 Jun 2012.
     Exhibit E.  Letter, SAF/MRBR, dated 25 Jun 2012. 




                                   
                                   Panel Chair