RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02581
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
She be allowed to transfer her Post 9/11 GI Bill educational
benefits to her dependents.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
She was given incorrect counsel in regards to the Transfer of
Educational Benefits (TEB) prior to retirement.
Soon after being diagnosed with multiple sclerosis, in Sep 09,
she went to the local education office for information about the
TEB. At that time, she was informed that since she would not be
able to complete the service commitment, she was not eligible to
transfer her Post 9/11 GI Bill benefits to her dependents.
She just recently found out the advice she was given was
incorrect and that in fact she was eligible for the benefit.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Oct 10, the applicant was relieved from active duty and
permanently disability retired with a compensable rating of
30 percent. She was credited with 10 years, 10 months, and
27 days of active service for retirement.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval, noting the applicant was not
properly informed of her ability to transfer benefits to her
dependents. The applicant was given improper guidance by
Education Center personnel. She clearly had the amount of time
in service to transfer the benefit to her dependents; however,
by the time the error was discovered, she had been placed in a
permanent disability retired status and could not transfer this
benefit on to her dependents.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Jul 12 for review and response. As of this
date, no response has been received by this office (Exhibit C).
________________________________________________________________
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. The Air Force office of primary
responsibility has adequately addressed the issues presented by
the applicant and we are in agreement with their opinion and
recommendation. Therefore, we recommend the applicants record
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(s)
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 APPLICANT, be corrected to show that on
24 Oct 10, she elected to transfer her Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02581 in Executive Session on 27 Mar 13, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jun 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 2 Jul 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 16 Jul 12.
Panel Chair
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