RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03160
XXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The official records be corrected to show her deceased spouse
transferred his Post-9/11 GI Bill educational benefits to her
while he was on active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
While still on active duty, but on convalescent leave, her now
deceased spouse went into his military office and submitted a
TEB transfer request electing to transfer his education benefits
to her. He printed a receipt stating an AF Form 4406, Statement
of Understanding, would be sent to his e-mail within 72 hours,
but he never received the form. However, due to his illness, he
was unable to return to his unit to check his e-mail for arrival
of the AF Form 4406. Therefore, the form was never signed. Her
spouse passed away on 27 May 11 from Hodgkins disease.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the Air Force office of primary
responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. For the first time in history,
service members enrolled in the Post-9/11 GI Bill Program are
able to transfer unused educational benefits to their dependent
spouses or children. Any member of the Armed Forces, active
duty or Selected Reserve, officer or enlisted, on or after 1 Aug
09, who is eligible for the Post-9/11 Bill, has at least six
years of service in the Armed Forces on the date of election,
and agrees to serve four additional years in the Armed Forces
from the date of election can transfer their unused Post-9/11
benefits to their dependents (Title 38 USC, Chapter 33, §
3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that
the transfer of such entitlement can only be done while serving
as a member of the armed forces when the transfer is executed.
The deceased member attempted to complete the Post-9/11 GI Bill
Transfer of Education Benefits (TEB) on 19 Jan 2011. His
terminal illness prevented him from returning to his office to
verify AFPC/DPT emailed an AF Form 4406 to him. The member
clearly showed his intent to TEB by submitting his application
and allocating 36 months of benefits to his spouse.
The complete AFPC/DPSIT evaluation, with 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 30 Aug 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. The
applicant is requesting that the records of her deceased spouse
be changed to reflect that he elected to transfer his Post 9/11
GI Bill Educational Benefits to her while he was on active duty.
We note the recommendation from AFPC/DPSIT to approve the
applicants request. After a thorough review of the evidence of
record and the applicants submission, we believe a
preponderance of the evidence supports corrective action.
Therefore, we recommend his records be corrected as indicate
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
19 January 2011, he elected to transfer his Post 9/11 GI Bill
Educational Benefits to his spouse.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03160 in Executive Session on 27 Mar 13,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 20 Aug 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
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