RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03678
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The official 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:
He returned from a one-year deployment from a combat zone on
5 Jun 09. He completed all of his out-processing appointments
and then started regular leave on 1 Aug 09, transitioned to
terminal leave on 21 Aug 09, and retired on 30 Nov 09. He met
all eligibility requirements for the Post-9/11 GI Bill Transfer
of Educational Benefits (TEB). He feels he slipped through the
cracks at the time when this came into law.
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 a specified additional period in
the Armed Forces from the date of election (if applicable) may
transfer unused Post-9/11 benefits to their dependents pursuant
to Service Regulations (38 USC, § 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. Due to the
applicant returning from a year Temporary Duty (TDY) assignment
on 5 Jun 09, and immediately out-processing for retirement, the
applicant was not given the opportunity to sign up for the TEB.
The complete AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 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. We took
notice of the applicant's complete submission in judging the
merits of the case and agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has been
the victim of an error or injustice. Therefore, we recommend
the applicants records be corrected as indicated 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
29 November 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits to his dependents.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03678 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 24 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 24 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 12.
Panel Chair
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