AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01178
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show he transferred his
Post-9/11 GI Bill benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is eligible to transfer his education benefits (TEB) under
the Post-9/11 GI Bill according to the guidelines and his
dependents are registered in the Defense Enrollment Eligibility
Reporting System (DEERS).
In support of his request, the applicant provides his DD Form
214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant voluntarily retired from active duty on 1 Oct 09.
For the first time in history, service members enrolled in 38
U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are able
to transfer unused educational benefits to their dependent
spouses or children. Any member of the Armed Forces, active
duty or Selected Reserve, officer or enlisted, on or after 1 Aug
09, who is eligible for the Post-9/11 Bill, has at least six
years of service in the Armed Force on the date of election, and
agrees to serve a specified additional period in the Armed
Forces on the date of election (if applicable), may transfer
unused Post-9/11 benefits to their dependents pursuant to
Service regulations (38 U.S.C. § 3319(b)(1)). The Department of
Veterans Affairs (DVA), the Department of Defense, and the
Military Services widely publicized the Post-9/11 GI Bill and
the transferability feature. The transfer must be initiated
while the member is serving in the Armed Forces, which is
defined as limited to those on active duty or in the Selected
Reserve.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. On 17 Nov 08, the applicant received
pre-separation counseling, and indicated on his DD Form 2648,
Preseparation Counseling Checklist for Active Component Service
Members, that he did not want counseling for educational
benefits prior to his retirement. The member is no longer on
active duty and therefore is ineligible to transfer his
benefits.
The complete AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 May 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. While we
note the steps the Air Force office of primary responsibility
(OPR) indicates were taken to inform eligible personnel of this
new benefit, we are aware that during the initial implementation
of this program there were problems in getting information to
eligible members. As such, it is likely the applicant was not
timely made aware of his eligibility and the steps necessary to
transfer his benefits to his dependents. Although the OPR
points out the applicant declined counseling on educational
benefits on his pre-separation checklist, we note this was well
before information on the program was widely available.
2
Therefore, we believe it is in the interest of justice to
correct his record as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the 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-2012-01178 in Executive Session on 13 Nov 12, 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:
Exhibit A. DD Form 149, dated 28 Feb 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 19 Apr 12 w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 May 12.
Panel Chair
3
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