RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02602
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transfer of 
educational benefits (TEB) to add his eligible daughter.

________________________________________________________________

APPLICANT CONTENDS THAT:

He completed a Post-9/11 GI Bill TEB for one of his daughters 
while he was on active duty.  When he applied for the TEB, just 
prior to his retirement, his second daughter was not 18 years 
and he was unaware that he could list both of his children, at 
that time, to receive the  Post-9/11 GI Bill educational 
benefits.  His current TEB only allows for one of his two 
daughters to received education benefits.  However, his 
daughters are 18 years or older and are full-time students.  He 
never received the original approval form letter at the time the 
benefits were transferred on 27 October 2009, stating he could 
add eligible dependents.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to documents submitted by the applicant, he is a 
former member of the Regular Air Force who served from 
16 December 1981 until his retirement on 31 December 2009.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the Department of 
Veterans Affairs (DVA), DoD, and the military services widely 
publicized the Post-9-11 GI Bill and the transferability 
feature.  DOD developed a special website, hosted by the Defense 
Manpower Data Center (DMDC), to facilitate the transfer of 
educational benefits.  The website system was operational on 
27 June 2009 for the purpose of accepting transfer of education 
benefits applications.  The DoD Directive Type Memo (DTM) and 
AFI 36-2306, Voluntary Education Program, states the transfer 
must be made while the member is serving in the Armed Forces.  
Both documents were published on government-hosted websites 
prior to 1 August 2009, the effective date of the Post-9/11 GI 
Bill.  

The applicant was given adequate information and failed to 
follow through with the requirement to transfer benefits while 
on active duty.  The applicant had ample time from the time of 
approval on 29 October 2009 to the time of his retirement on 
31 December 2009 to transfer benefits to additional dependents.  
The applicant states he did not know that he could make 
corrections or add dependents. However, on the “submit transfer” 
request form, the applicant signed on 27 October 2009, under 
“Transferability of Education Benefits Acknowledgement”, item b 
is acknowledged.  The applicant’s failure to act in a timely 
manner is not a basis for approval on the part of the Air Force.  

The complete AFPC/DPSIT 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 7 August 2012, for review and comment within 30 
days (Exhibit C).  To date, this office has not received a 
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 an error or an injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we are persuaded that relief is warranted.  
In this respect, we note the applicant has provided 
documentation substantiating he was approved for the Transfer of 
Education Benefits (TEB) for one of his dependent daughters 
prior to his active duty retirement in October 2009.  We note 
the comments of the Air Force office of primary responsibility  
indicating the applicant was given adequate information and 
acknowledged TEB Form Item b., but failed to follow through with 
the requirement to transfer benefits while on active duty.  
However, we believe that due to the TEB program being newly 
implemented and through no fault of the applicant, he was not 
fully aware of the TEB rules and requirements to transfer his 
benefits to both of his children.  In view of this and noting 
the applicant did take affirmative action to transfer his 
educational benefits, we find a sufficient basis to conclude 
that he has been the victim of an injustice and therefore, 
recommend the 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 
27 October 2009, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits to his dependent daughters.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 27 March 2013, under the provisions of 
AFI 36-2603:

		, Panel Chair
		, Member
      , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-02602 was considered:  

    Exhibit A.  DD Form 149, dated 8 June 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIT, dated 29 June 2012, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 7 August 2012.




                                   
                                   Panel Chair



AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Your application to the Air Force Board for Correction of Military Records, AFBCMR 
BC-2012-02602 has been finalized.

	The Board determined that the military records should be corrected as set forth in the 
attached copy of a Memorandum for the Chief of Staff, United States Air Force.  The office 
responsible for making the correction will inform you when your records have been changed.

	After correction, the records will be reviewed to determine if you are entitled to any 
monetary benefits as a result of the correction of records.  This determination is made by the 
Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the 
assembly and careful checking of finance records.  It may also be necessary for the DFAS-IN to 
communicate directly with you to obtain additional information to ensure the proper settlement of 
your claim.  Because of the number and complexity of claims workload, you should expect some 
delay.  We assure you, however, that every effort will be made to conclude this matter at the 
earliest practical date.

                                                                                  Sincerely,




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachments:
1. Record of Board Proceedings
2. Directive

cc: DFAS-IN



AFBCMR BC-2012-02602




MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to 
show that on 27 October 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to 
his dependent daughters.  




                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency







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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC


Office of the Assistant Secretary