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
2
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
3
AF | BCMR | CY2013 | BC-2012-01984
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01984 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 dependent. He submitted his retirement request upon his return from deployment with an effective date of 1 July 2010. ________________________________________________________________ THE...
AF | BCMR | CY2012 | BC-2012-02744
The remaining relevant facts pertaining to this application, extracted from the applicants military personnel records are contained in the letter prepared by the appropriate office of the Air National Guard at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1YR recommends approval if the Board finds there is an injustice. The complete NGB/A1YR evaluation is at Exhibit C. NGB/A1PS states they concur with the NGB/A1YR advisory. In this...
AF | BCMR | CY2012 | BC-2012-01685
________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that 2 the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. Exhibit B. Applicant’s Master Personnel Record Exhibit C. Letter,...
AF | BCMR | CY2012 | BC-2012-01533
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01533 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. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office...
AF | BCMR | CY2012 | BC-2012-00413
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force, which are attached at Exhibits B and C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1YR recommends approval. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this...
AF | BCMR | CY2012 | BC-2012-01457
________________________________________________________________ APPLICANT CONTENDS THAT: He attempted to transfer his benefits to both of his sons before he retired. We note the Air Force office of primary responsibility recommends approval if the Board finds an injustice. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
AF | BCMR | CY2012 | BC-2012-02234
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02234 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their...
AF | BCMR | CY2012 | BC-2012-01507
The website for the transfer of Post-9/11 GI Benefits states any member of the Armed Forces, active duty or Selected Reserves, officer, or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period of duty in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. The remaining relevant facts...
AF | BCMR | CY2012 | BC-2012-01300
The applicants complete submission is at Exhibit A. For the first time in history, service members enrolled in thePost-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. While we note the comments of NGB/A1PSindicating the applicants squadron did not receive the Post9/11 GI Bill Informational Briefing until after the applicanthad retired, we also note the applicant never out-processedthrough the Retention Office Manager (ROM),...
AF | BCMR | CY2012 | BC-2012-00707
On 7 Nov 2011 the DVA sent a letter that restored his education benefits. The complete A1YR evaluation is at Exhibit C. NGB/A1PS concurs with A1YR and recommends approval of the applicant’s request to change his eligibility to transfer his Post 9/11 GI Bill benefits to his dependent. 3 ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that...