RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01773
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:
He had medical problems prior to separating from the Air National
Guard and did not receive the proper information regarding the
Post 9/11 GI Bill benefits. In 2008, he was diagnosed with
esophageal cancer and missed drills where briefings took place
that advised the other troops about the educational benefits, and
specifically, the fact that the transfer had to happen prior to
being separated or retired. Due to his illness, it is
inconceivable that because he was suffering from a serious and
possibly terminal desease that he would not have opted to leave
his children with a college education.
In support of his request, the applicant provides excerpts from
his personnel and medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard in the grade of
technical sergeant (E-6) on 15 Apr 10.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the National Guard Bureau, which is at Exhibit B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1YR recommends approving the applicant’s request stating
that due to his on-going medical issues and appointments, he did
not receive the proper briefing prior to his retirement with
regard to the Post 9/11 GI Bill benefits.
The NGB/A1YR complete evaluation is at Exhibit B.
NGB/A1PS concurs with the NGB Subject Matter Expert’s (SME)
advisory and recommends approval.
The NGB/A1PS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 16 Jul 12 for review and comment within 30 days. 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. Having carefully reviewed
this application, we agree with the opinions and recommendations
of the National Guard Bureau that the applicant was unable to
receive timely educational briefings due to on-going medical
appointments before his retirement. Therefore, through no fault
of the applicant he was not made aware of the steps necessary to
transfer his benefits to his dependents. Accordingly, we
recommend the records be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
2
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 1 April 2010,
he elected to transfer his Post 9/11 GI Bill Educational Benefits
to his dependents.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01773 in Executive Session on 8 Jan 13, 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 30 Jan 12, w/atchs.
Exhibit B. Letter, NGB/A1YR, dated 22 Jun 12.
Exhibit C. Letter, NGB/A1PS, dated 3 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 12.
Panel Chair
3
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