AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01983
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
XXXXXXXXXXXXXXXXXXXX
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
spouse.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not informed of the Post 9/11 GI Bill Transfer of
Education Benefits (TEB). He retired effective 1 August 2009,
but if he had received this information during his attendance at
the Transition Assistance Program (TAP), he would have
transferred his benefits at that time.
The applicant does not provide any evidence in support of his
appeal.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who was
released from active duty effective 31 July 2009, in the grade of
senior master sergeant (E-8), and retired effective 1 August
2009.
The remaining relevant facts, extracted from the applicant’s
military service records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that the applicant
retired effective 31 July 2009. The program for TEB started
1 August 2009. The applicant states he was not advised of the
TEB at the time of his attendance of the TAP; however, no
guidance was available at the time of his briefing on 5 November
2008. Since Title 38, United States Code, Chapter 33, Section
3319(f)(1), states that “an individual……may transfer such
entitlement only while serving as a member of the armed forces
when the transfer is executed,” they can only recommend denial.
They find no injustice to the extent that the applicant did not
receive adequate counseling as required by law and Department of
Defense regulation.
The complete DPSIT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 18 June 2012, for review and comment within 30 days (Exhibit
C). 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 warranting
corrective action regarding the applicant’s Transfer of
Educational Benefits. We note the comments of the Air Force
office of primary responsibility; nonetheless, we find the
applicant was not properly briefed on the extension requirements
for his entitlement to the benefits of the TEB. We believe if he
would have known of the extension requirements, he would have
requested the one-month extension needed. Since Air Force
members similarly situated to the applicant were provided the
opportunity to extend their service solely to qualify to transfer
their benefits, we find the evidence provided sufficient to
resolve any doubt in favor of the applicant and believe it is in
the interest of justice to grant the requested relief.
Therefore, based on the evidence presented, we recommend the
applicant’s record 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:
but was continued until 31 August 2009.
a. On 31 July 2009, he was not relieved from active duty,
2
Bill Educational Benefits.
b. On 1 August 2009, he elected to transfer his Post 9/11 GI
c. On 31 August 2009, he was relieved from active duty and
retired effective 1 September 2009.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01983 in Executive Session on 11 February 2013,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXXXX, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered for AFBCMR Docket
Number BC-2012-01983:
Exhibit A. DD Form 149, dated 12 May 12.
Exhibit B. Letter, AFPC/DPSIT, dated 22 May 12.
Exhibit C. Letter, SAF/MRBR, dated 18 Jun 12.
XXXXXXXXXXXXXXXXXXXXXX
Acting Panel Chair
3
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