AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01737
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 was not aware or briefed that the transfer of benefits had to
take place while he was still on active duty.
He still has a large portion of his entitlement left and has
finished his degree, and would like his family to be able to
further their education.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of master sergeant effective
1 Jun 10 after serving 22 years, 3 months, and 14 days of active
duty service.
Additional relevant facts pertaining to this application,
extracted from the applicant’s military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states, the applicant was
given adequate information and failed to follow through with the
requirement to transfer benefits while on active duty.
DPSIT states in part, 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 GI Bill, has at least 6 years of
service in the Armed Forces on the date of election, and agrees
to serve a specified additional period in the Armed Forces from
the date of election (if applicable), may transfer unused Post-
9/11 benefits to their dependents pursuant to Service
regulations. 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 Air Force issued AFI 36-2306, Voluntary Education Program, on
23 Jul 09, which was subsequently replaced with AFI 36-2306,
Attachment 9. Paragraph A9.4.3.15.4., requires pre-separation
counseling, documented on DD Form 2648, Pre-Separation Counseling
Checklist. 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 pre-separation
counseling, in order to provide them with additional counseling
on the Post-9/11 GI Bill.
On 24 Nov 09, the applicant attended a pre-separation briefing
and indicated he wanted counseling on Education Benefits
concerning the GI Bill. He was also scheduled for a Veterans
Affairs (VA) Benefits Briefing on 4 Dec 09. The applicant had
ample time from his pre-separation briefing and the time of his
retirement on 31 May 10, to sign up for the benefit to transfer
his benefits to his dependents. A member’s failure to act in a
timely manner is not a basis for approval on the part of the Air
Force.
If the Board finds there was an injustice to the extent that the
member did not receive adequate pre-separation counseling, as
required by law and DoD regulation, and was not personally
notified about the need to transfer while serving in the Armed
Forces, then approval is in order.
The complete DPSIT evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 Jun 12, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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 the
majority of the Board notes 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 the steps
necessary to transfer his benefits to his dependents. In
addition, the majority of the Board does not find it reasonable
that he would have knowingly elected not to pursue use of this
important entitlement for his dependents. Therefore, we
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 May 2010
he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01737 in Executive Session on 13 Sep 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended approval of the
application. Mr. Russell voted to deny the applicant’s request
and elected not to submit a minority report. The following
documentary evidence pertaining to Docket Number BC-2012-01737
was considered:
Exhibit A. DD Form 149, dated 15 Apr 12.
Exhibit B. Letter, AFPC/DPSIT, dated 21 May 12.
Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
Panel Chair
3
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