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AF | BCMR | CY2012 | BC-2012-01106
Original file (BC-2012-01106.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-01106 
 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

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: 
 
At  the  time  of  his  retirement  ceremony  and  his  last  day  in 
uniform,  10  June  2009,  the  military  had  no  provisions  for 
transferring benefits of the Post-9/11 GI Bill.  He followed all 
the  guidance  provided  by  the  Veteran’s  Affairs  (VA)  website.  
Neither the VA nor the military ever communicated that he needed 
to transfer his benefits prior to retirement.  It was only after 
he read a news article and tried to transfer his benefits did he 
discover  he  was  22  days  too  late  to  comply  with  the  31  August 
2009 deadline.  
 
In  support  of  his  request,  the  applicant  submits  a  personal 
statement, a letters of support, sequence of events, his DD Form 
214, Certificate of Release or Discharge from Active Duty.  
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant retired from the Air National Guard on 1 September 
2009 in the grade of lieutenant colonel. 
 
Any member of the Armed Forces who, on or after 1 August 2009, 
who is eligible for the Post-9/11 GI Bill, had at least 6 years 
of service on the date of election may transfer unused Post-9/11 
benefits  to  their  dependents.    Service  Secretary’s  were 
required, as of 22 June 2009, to provide and document counseling 
regarding these benefits.  The Air Force issued AFGMI on 23 July 
2009, which required pre-separation counseling be documented on 
DD Form 2648.  However, the Air Force did not seek out members 
who  were  already  on  terminal  leave,  or  had  already  completed 
separation counseling.   

 

 

 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
NGB/A1YR recommends approval.  The applicant’s Retention Officer 
Manager (ROM) was contacted and stated there was no evidence to 
verify  the  applicant  received  a  Post-9/11  GI  Bill  separation 
briefing.    When  the  program  was  placed  into  effect,  there  was 
confusion about the application process for eligibility and the 
Transfer of Education Benefits (TEB) requirements.  During that 
time  frame,  many  members  did  not  receive  separation  counseling 
on  the  TEB  requirements  and  missed  the  opportunity  to  submit 
their TEB request prior to retiring from the Air National Guard. 
 
The complete A1YR evaluation is at Exhibit B. 
 
NGB/AIPS concurs with the subject matter expert’s recommendation 
to approve the applicant’s request. 
 
The complete AIPS evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
Copies  of  the  Air  Force  evaluations  were  forwarded  to  the 
applicant on 29 May 2012, for review and comment within 30 days 
(Exhibit  D).    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.    In  this 
respect,  the  Air  Force  office  of  primary  responsibility  (OPR) 
has  indicated  through  no  fault  of  the  applicant  it  appears  he 
may  not  have  been  afforded  the  opportunity  to  transfer  his 
benefits  to  his  dependents.    As  such,  we  elect  to  resolve  any 
doubt  in  favor  of  the  applicant.    Therefore  we  agree  with  the 
opinion and recommendation of the OPR and recommend his records 
be corrected to the extent indicated below. 
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 

 

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will materially add to our understanding of the issues 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 August  2009,  he  elected  to  transfer  his  Post  9/11  GI  Bill 
Educational Benefits. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01106  in  Executive  Session  on  13  November  2012, 
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 10 Mar 12, w/atchs. 
    Exhibit B.  Letter, NGB/A1YR, dated 4 May 12. 
    Exhibit C.  Letter, NGB/A1PS, dated 11 May 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 29 May 12. 
 
 
 
 
                                    
                                   Panel Chair 
 

   Panel Chair 
  Member 
   Member 

 
 

 

 

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