RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03571
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11
GI Bill educational benefits to his dependents while he was on
active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
His effective date of retirement was when the Post-9/11 GI Bill
was offered. As of 16 Jul 12, he was approved for Post-9/11 GI
Bill benefits and he has until 1 Aug 24 to use them. He would
now like to transfer the benefits to his kids.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 16 Jul 09, the Department of Veterans Affairs notified the
applicant he was entitled to Post-9/11 GI Bill benefits.
The applicant was released from active duty on 31 Jul 09 and
retired, effective 1 Aug 09.
The remaining 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:
ARPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice.
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 program for Transfer of Educational Benefits (TEB) started
1 Aug 09. Title 38 USC, Chapter 33, §3319(f)(1) states an
individual
may transfer such entitlement only while serving as a
member of the armed forces when the transfer is executed. The
applicant chose to retire on 31 Jul 09, making him ineligible
for the Post-9/11 GIB TEB. A complete copy of the AFPC/DPSIT
evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He is disappointed with the AFPC/DPSIT recommendation to deny
his application. 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.
This program was never explained in full detail. There was
never a mention of an application to complete and submit. If
so, he would have done that. He started Permissive TDY in
Apr 09 and went right into terminal leave. He never thought he
would be eligible for the Post-9/11 GI Bill until another
veteran urged him to apply. This is a benefit he earned
(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 error or injustice warranting
corrective action regarding the applicants Transfer of
Educational Benefits. We note the comments of the Air Force
office of primary responsibility; nonetheless, the Board
believes the applicant could not have been properly briefed on
the TEB program because he was already on terminal leave during
the earliest stages of the programs implementation, thus
limiting his ability to take advantage of this important
benefit. Additionally, since Air Force members similarly
situated to the applicant were provided the opportunity to
extend their service for one month for the sole purpose of
qualifying for the opportunity to transfer their benefits, we
find the evidence provided sufficient to conclude that it is in
the interest of justice to grant the requested relief.
Therefore, based on the evidence presented, 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:
a. On 31 July 2009, he was not relieved from active duty,
but was continued on active duty until 31 August 2009.
b. On 31 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-2012-03571 in Executive Session on 9 May 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 8 Aug 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 12.
Exhibit E. Letter, Applicant, dated 17 Sep 12.
Panel Chair
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