RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01868
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be authorized to transfer his Post 9/11 GI Bill Education
Benefits to his spouse.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not know he could list all of his dependents for the Post
9/11 GI Bill Transferability Education Benefit (TEB) Program.
He needs to list his spouse for the program.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air National Guard and was assigned
to the Retired Reserve on 13 Sep 09.
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 Bill, has at least six years of service in the
Armed Force on the date of election, and agrees to serve
4 additional years in the Armed Forces from the date of election
can transfer their unused Post-9/11 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.
The applicant performed active duty service under Section 12302,
Title 10 from 26 Nov 01 through 25 Nov 02 (12 months), and from
19 Apr 04 through 30 Sep 04 (5 months and 12 days).
DTM 09-003, paragraph 3(a)(3)(b) states For those individuals
who have an approved retirement date after 1 Aug 09 and before
1 Jul 10, no additional service is required.
The 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/A1PS recommends approval. NGB/RSR contacted the Retention
Office Manager (ROM) of the applicants former wing to obtain
additional information. The ROM stated that when the Post 9/11
GI Bill Program first became effective, there was a lot of
confusion about the transfer of benefits requirements. Many
unit members were in the process of retiring or on terminal
leave during this time frame, and were under the impression they
could add dependents to receive benefits at any time. By the
time it was clear dependents not listed to receive benefits were
ineligible after the service member separated, many members had
retired and unfortunately missed the opportunity to include all
eligible family members in their TEB request.
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 30 Aug 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. The
applicant is requesting that his records be changed to reflect
that he is authorized to transfer his Post 9/11 GI Bill
Educational Benefits to his spouse. We note the recommendation
from NGB/A1PS to approve the applicants request. After a
thorough review of the evidence of record and the applicants
submission, we believe a preponderance of the evidence supports
corrective action. Therefore, we recommend his records be
corrected as indicate 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
12 September 2009, he included his spouse as an eligible
beneficiary when he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01868 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 pertaining to AFBCMR Docket
Number BC-2012-01868 was considered:
Exhibit A. DD Form 149, dated 29 Apr 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 6 Aug 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
X
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