AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00706
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He retired from Fairchild AFB on 1 Nov 09; however, during his
transition there was no information available to let him know
that he had to be on active duty when he made his Transfer of
Benefits (TEB) election. The emphasis placed on the program
during his Transition Assistance Program (TAP) briefings was 10-
15 years, Basic Allowance for Housing (BAH) benefits, and the
TEB; however, the Veterans Affairs (VA) representative noted that
not everything had been funded for this Bill.
In support of his request, the applicant provides a copy of his
out-processing checklist and copies of his AF IMT 988, Leave
Request/Authorization.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force in the grade of
master sergeant (E-7) on 1 Nov 09.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT 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 provide adequate
justification or documentation to show that an error or injustice
occurred. The applicant did receive pre-separation counseling on
16 Apr 09; however, he indicated on the pre-separation from that
he did not want counseling for educational benefits prior to his
retirement. He had every opportunity to ask questions as to how
to transfer his TEB to his dependents, but failed to do so.
The AFPC/DPSIT complete evaluation, with attachment, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant waived his education benefits briefing for the
Montgomery GI Bill, not the pending program, since the details of
the benefits for the new program were changing on a daily basis.
He was very familiar with the Montgomery GI Bill. Counseling was
not provided for any portion of the Post-9/11 GI Bill due to the
lack of information or facts regarding the program. Further, the
briefer would not discuss the speculated benefits of the new
program because he did not want to be held liable for
misinformation. The Veteran Affairs (VA) representative could
not provide specifics because the details of the program had not
been worked out. The VA discussed the TEB; however, they did not
mention that the benefits transfer had to happen prior to his
effective date of separation.
The applicant’s complete submission 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.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. While we note the steps the
2
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 31 October
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits:
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00706 in Executive Session on 13 Sep 12, under the
provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jan 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 13 Mar 12.
Exhibit C. Letter, SAF/MRBR, dated 27 Mar 12.
Exhibit D. Letter, Applicant, undated.
Panel Chair
Panel Chair
Member
Member
3
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