RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01867
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be authorized to transfer his Post-9/11 GI Bill Educational
Benefits from one of his dependents to another.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never told the distribution of his Transfer of
Educational Benefits (TEB) between his children had to be done
while he was still on active duty. In fact, he was told he
could reallocate his TEB on the Defense Manpower Data Center
(DMDC) website. He named all three of his children on his TEB
request, but only allocated them to his oldest child since he
was in college at the time. After his retirement, his oldest
child had been inducted into the U.S. Naval Academy and did not
need the benefits. His daughter needs the benefits this year.
What he signed clearly states he can transfer benefits from one
child to the next any time (TEB acknowledgement b).
In support of his request, the applicant provides copies of his
records from the DMDC website.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard on 31 Jul 10.
For the first time in history, service members enrolled in the
Post-9/11 GI Bill Program 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 six years of service in the
Armed Force on the date of election, and agrees to serve four
additional years in the Armed Forces from the date of election
can transfer their unused Post-9/11 GI Bill educational benefits
to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)).
Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of
such entitlement can only be done while serving as a member of
the armed forces when the transfer is executed.
For active duty credit IAW Public Law 100-252, § 3301, In the
case of members of the reserve component of the Armed Forces,
service on active duty under the call or order to active duty
under § 668, 12301(a), 12301(d), 12301(g), 12302, or 12304.
However, Reservists must have served on active duty 90 days or
more (aggregate) beginning on or after 11 Sep 01 to qualify for
Post 9/11 GI Bill TEB.
In accordance with AFI 36-2306, Voluntary Education Program,
Paragraph A9.18.7.2.3. A veteran may modify entitlement or
revoke entitlement among only those dependents who were
designated to receive transferred benefits prior to separating
from the Armed Forces.
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:
NGB/A1Y recommends approval. A1Y contacted the Retention Office
Manager (ROM) who helped the applicant obtain TEB information.
When the applicant applied for the Post 9/11 GI Bill, he was not
adequately counseled regarding the rules for the Post 9/11 Bill
and TEB. He was not aware of the requirements to transfer
benefits to all eligible dependents prior to his retirement.
The applicant was under the impression, from the acknowledgement
statements on the TEB website that he could modify the TEB
request at any time before or after his retirement.
The complete NGB/A1Y 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 16 Jul 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case and agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has been
the victim of an error or injustice. Therefore, we recommend
his records be corrected as indicate below.
4. The applicants 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 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 the APPLICANT be corrected to show that on
31 July 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-2012-01867 in Executive Session on 8 Jan 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The
following documentary was considered:
Exhibit A. DD Form 149, dated 30 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
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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