RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03843
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:
He applied to change to the Post-9/11 GI Bill while he was on
active duty in Apr 09. He had an approved retirement date by
then, therefore, no additional service time was required. He
went through the process, to include the transfer of his
eligibility for educational benefits to his dependents, and
received his confirmation number upon completion. At the time
he was told no other actions were required from him until his
sons were eligible for the benefit. He started terminal leave
in Aug 09 and retired effective 1 Dec 09.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant retired from active duty on 1 Dec 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 applicant did not provide adequate justification/
documentation. The applicant received pre-separation counseling
on 7 May 09. He indicated on his DD Form 2648, Preseparation
Counseling Checklist for Active Component Service Members, that
he did not want counseling for educational benefits prior to
this retirement. There is no record of the applicant applying
for the benefit in TEB or any Right Now Technology (RNT)
records.
A complete copy of the AFPC/DPSIT evaluation, with attachments,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Sep 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 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 the steps necessary to transfer his
benefits to his dependents. In addition we find no basis to
question the applicant's account in this matter and do not find
it reasonable that he would have knowingly elected not to pursue
use of this important entitlement. Therefore, we recommend the
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
30 November 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03843 in Executive Session on 3 Jun 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 4 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 4 Sep 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 12.
Panel Chair
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