RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03122
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 told at his retirement briefing that he could transfer
his education benefits to his dependents within three years of
his retirement. He was never told that he had to transfer his
Post 9/11 GI Bill benefits to his dependent prior to his
retirement.
In May 2012, when he contacted the Department of Veterans
Affairs (DVA) to complete the transfer, he was told the transfer
had to take place prior to his retirement.
His daughter is pursuing a degree in nursing and will enter
college as a freshman in 2013.
The applicants complete submission is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of master sergeant (MSgt, E-
7) 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 C.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant did
not provide adequate justification/documentation that he did not
receive a proper briefing on the transfer of education benefits
prior to his retirement. He waited almost three years before
inquiring about transferring benefits to his dependents.
Members may have had the impression that being on active duty or
in the Selected Reserve (SELRES) on the effective date of the
law, 1 Aug 2009, was sufficient to vest them with the right to
transfer benefits at some time in the future. Had those members
sought clarification from an educational counselor, or taken
other measures to make timely decisions before their separation
or retirement they could have initiated a timely transfer of
benefits.
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.
In further support of his request, the applicant provides a copy
of Letter In-Lieu of DD Form 214.
His complete response, with attachment, 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.
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-
2012-03122 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:
Exhibit A. DD Form 149, dated 16 Jul 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 30 Jul 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 22 Aug 2012.
Exhibit E. Letter, Applicant, dated 13 Sep 2012, w/atch.
Acting Panel Chair
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