RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02979
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 that he could apply for transfer of his Post
9/11 GI Bill benefits to his dependants prior to his retirement
from Active Duty, therefore he did not.
Veterans who believe they were not properly notified of the
transfer of Post 9/11 GI Bill benefits requirement may apply for
Correction of Military Records to allow transfer of these
benefits.
The applicant does not provide any documents in support of his
request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of major (Maj, O-4) effective
1 Sep 2009.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIT recommends denial. DPSIT states the applicant did
not provide adequate justification/documentation. He received
pre-separation counseling on 15 Jan 2009 prior to his
retirement. There is no record of his applying for the benefit
in Transfer of Education Benefits (TEB) or any Right Now
Technology (RNT) records.
The Air Force issued AFI 36-2306, Voluntary Education Program,
on 23 Jul 2009, which was subsequently replaced with AFI 36-
2306, Attachment 9. Paragraph A9.4.3.15.4, requires pre-
separation counseling, documented on DD Form 2648, Pre-
Separation Counseling Checklist. 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.
If the Board finds there was an injustice to the extent that the
member did not receive adequate pre-separation counseling, as
required by law and DoD regulation, and was not personally
notified about the need to transfer while serving in the Armed
Forces, the Board may approve the member's request.
The complete DPSIT evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He asks the Board not to deny his request. His final out-
processing appointment was on 22 May 2009 and he was never
briefed about the ability to transfer education benefits to his
family members, nor was he given any options to enroll his
family members. To deny him this benefit would be an injustice.
His complete response is at Exhibit E.
________________________________________________________________
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 office of primary responsibility
indicates were taken 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. While the
applicant may have attended pre-separation counseling on 15 Jan
2009 and final out-processing on 22 May 2009 prior to his
retirement, procedures for transferring benefits were not
announced until after he was on terminal leave. 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 31 Aug
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2012-02979 in Executive Session on 11 Feb 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-
02979:
Exhibit A. DD Form 149, dated 24 May 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 8 Aug 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 20 Aug 2012.
Exhibit E. Letter, Applicant, dated 27 Aug 2012.
Acting Panel Chair
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