RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03249
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 G.I. Bill benefits to his
dependent (daughter).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not offered the option to transfer his Post-9/11 G.I. Bill
benefits to his daughter. He does not know what office notifies
retiring military personnel of the option to transfer educational
benefits and is not sure when the educational benefits began.
Because of his injuries he had multiple surgeries and was not
able to participate in the Transition Assistance Program (TAP)
before he retired on 31 May 10.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard on 31 May 10 in
the grade of master sergeant.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1Y recommends approval. Public Law 111-377, Post-9/11
Veterans Educational Assistance Improvements Act of 2010, was
implemented that changed the original Post-9/11 G.I. Bill to
include Active Guard Reserve (AGR) retroactive to 1 Aug 09.
Further, the applicants retention manager advised him to apply
for the Post-9/11 G.I. Bill benefit even though the AGR service
had not been approved as qualifying.
The complete NGB/A1Y evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 9 Nov 12 for review and comment within 30 days. As of this
date, this office has received no 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 error or injustice. We note the
steps the Air National Guard took indicates they tried to inform
eligible personnel of this new benefit; however, 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. Based on the evidence of record and the
recommendation provided by the NGB/A1Y, we find it reasonable to
believe that had he been properly briefed on the TEB, he would
have requested a transfer of his education benefits before he
retired. Consequently, we find the evidence provided sufficient
to grant the requested relief. Therefore, we recommend the
applicants record 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 1 May 2010, he
elected to transfer his Post-9/11 G.I. Bill Educational Benefits
to his dependent.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03249 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 for Docket Number BC-2012-03249
was considered:
Exhibit A. DD Form 149, dated 10 Jul 12, w/atchs.
Exhibit B. Letter, NGB/A1Y, dated 4 Oct 12.
Exhibit C. Letter, SAF/MRBR, dated 9 Nov 12.
Panel Chair
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