RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02234
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not informed by the retention office manager (ROM) that
he had to transfer the benefit over to his wife before he
retired.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of staff sergeant (SSgt, E-5)
effective 26 Sep 2011.
38 U.S.C. § 3323(b)(1) and (2) require the Secretary to provide
members with information on the Post-9/11 GI Bill as specified
in DoD regulations. DTM 09-003, dated 22 Jun 2009, required the
Military Departments to provide and document individual
preseparation or release from active duty counseling on Post-
9/11 GI Bill benefits.
The Air Force issued AFI 36-2306 AFGM 1 on 23 Jul 2009. The
AFGM 1, paragraph (4)(c)(15)(d)) requires pre-separation
counseling, documented on DD Form 2648, Preseparation Counseling
Checklist for Active Component (AC), Active Guard Reserve (AGR),
Active Reserve (AR), Full Time Support (FTS), and Reserve
Program Administrator (RPA) Service Members. 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.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1YR recommends approval. A1YR states they contacted the ROM
at the applicants former Wing to obtain additional information.
The ROM stated he could not find any documentation which
indicated the applicant received a Post-9/11 GI Bill Transfer of
Educational benefits briefing prior to his retirement.
The complete A1PS evaluation is at Exhibit C.
NGB/A1PS concurs with A1YRs advisory and recommends approval.
The complete A1PS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 Aug 2012, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. To date, a response has not been received (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 error or injustice. While we note
the steps the Air Force took to inform eligible personnel of
this new benefit, it appears that through no fault of the
applicant he was not timely made aware of his eligibility and
the steps necessary to transfer his benefits to his dependents.
Therefore, in the interest of justice, we find the evidence
sufficient to grant the requested relief and recommend his
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 25 Sep
2011, he elected to transfer his Post 9/11 GI Bill Educational
Benefits to his dependents.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2012-02234 in Executive Session on 12 Mar 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2012-
02234:
Exhibit A. DD Form 149, dated 16 May 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1YR, dated 13 Jul 2012.
Exhibit D. Letter, NGB/A1PS, dated 16 Jul 2012.
Exhibit E. Letter, SAF/MRBR, dated 30 Aug 2012.
Panel Chair
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