AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00026
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not properly counseled prior to his retirement of the
opportunity to transfer his education benefits to his dependents.
In support of his appeal, the applicant provides a Post 9/11 GI
Bill Transferability fact sheet.
The applicant’s complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
began his terminal leave in late June 2009 prior to his
retirement effective date of 1 October 2009. He retired in the
grade of technical sergeant (E-6) after serving 20 years and
2 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
received a pre-separation counseling on 11 December 2008. The
applicant indicated on his DD Form 2648, Pre-separation
Counseling Checklist for Active Component Service Members, that
he did not want counseling for education benefits prior to his
retirement. He received a Fact Sheet indicating that he would
not incur an additional service commitment for transfer of
benefits. Guidance for transferring benefits was available on
the Department of Veteran Affairs (DVA) website, as well as
Education Office personnel holding various briefings to inform
members of the benefit to transfer and how to do it.
It is DPSIT’s opinion that the applicant has not provided
adequate justification or documentation to warrant approval of
his request.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He was not counseled on the need to execute the TEB prior to his
retirement from the Air Force effective 1 October 2009. He was
not contacted by anyone, even though he requested education
benefits counseling and all of his contact information was
correct on his leave form. Because he was on terminal leave, he
did not have access to the Department of Defense or Department of
the Air Force guidance and did not know it existed. The Air
Force advisory opinion states that he did not indicate on his DD
Form 2648 that he desired educational benefits counseling;
however, he did place an “X” in the “Yes” column in Section IV,
item 13a, of the form indicating he did want the educational
benefits counseling. Nevertheless, the Post 9/11 GI Bill was not
included on the checklist at that time.
In addition, he attended the Transition Assistance Program
Workshop from 23-27 February 2009, which included a DVA benefits
briefing; however, neither the briefing, the 2008 Edition of the
Federal Benefits for Veterans and Dependants Handbook, nor the
Veteran’s Benefits Timetable Handout, had any information about
the Post 9/11 GI Bill.
The Air Force advisory cites Department of Defense Directive Type
Memo (DTM) 09-003 that authorized the Military Departments to
offer service members the option to TEB; however, this was not
signed until 22 June 2009, which was after he began his
permissive temporary duty (PTDY) on 18 June 2009. His terminal
leave began directly after his PTDY and he subsequently retired
effective 1 October 2009.
In summary, it was through no fault of his own that he was not
made aware of the requirement to TEB prior to retirement. Had he
known of this requirement, he would have definitely requested it
before he retired.
The applicant’s complete rebuttal, with attachments, is at
Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
2
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
no basis to question the applicant's account in this matter 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 30 September
2009 he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2012-00026 in Executive Session on 13 September 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 for AFBCMR Docket
Number BC-2012-00026:
Exhibit A. DD Form 149, dated 21 Nov 11, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 3 Feb 12.
Exhibit C. Letter, SAF/MRBR, dated 1 Mar 12.
Exhibit E. Letter, Applicant, dated 28 Mar 12, w/atchs.
Panel Chair
3
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