RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02661
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:
During his last year of active duty it was not clear when the
Post-9/11 GI Bill would take effect or whether he would be
eligible to transfer his education benefits to his dependents.
Had he known he needed to be on active duty on 1 August 2009 he
would have retired at a later date in order to meet the
eligibility requirements for Post-9/11.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 August 2009.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends granting the requesting relief. The
transfer of benefit option under the Post-9/11 GI Bill is an
option offered by the Services as a recruiting and retention
tool. The Department of Defense (DoD) established the rules
via DTM 09-003 that allowed an individual retiring between
2 August 2009 - 30 June 2010, the option to transfer benefits
to their dependents. Due to the ambiguity of the 1 August 2009
date, the Secretary of the Air Force authorized certain
category of individuals with a 1 August 2009 retirement date to
voluntarily request their retirement date be changed to
1 September 2009.
The complete AFPC/DPSIT evaluation, with an attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 23 October 2012, for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
_________________________________________________________________
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. We took
notice of the applicant's complete submission in judging the
merits of the case and agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has been
the victim of an error or injustice. Therefore, we recommend the
applicants 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:
a. On 31 July 2009, he was not relieved from active duty,
but on that date, he was continued until 31 August 2009.
b. On 1 August 2009, he elected to transfer his Post 9/11 GI
Bill Educational Benefits.
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-2012-02661 in Executive Session on 11 February 2013,
under the provisions of AFI 36-2603:
, Acting Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR BC-2012-02661
was considered:
Exhibit A. DD Form 149, dated 18 June 2012, w/atch.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 27 August 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 23 October 2012.
Acting Panel Chair
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