RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04634
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not provided guidance or advice regarding the need to
adjust or transfer his Post-9/11 GI Bill entitlement prior to
his retirement. He was advised that he could adjust or revoke
his benefits at any time.
In support of his request, the applicant provides copies of his
Post-9/11 GI Bill Transfer of Education Benefits (TEB) Checklist
and Special Order AC-4000005 dated 12 Jun 2009.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air National Guard. Accordingly, there is no need to recite
these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/AlY recommends approval. A1Y states that Public Law No.
110-252, section 3319 (f)(2)(A) states: "In General - An
individual transferring entitlement under this section may
modify or revoke at any time the transfer of any unused portion
of the entitlement so transferred." Directive-Type Memorandum
(DTM) 09-003 Post-9/11 GI Bill, 22 Jun 2009, (reissued 14 Sep
2011) attachment 2, paragraph 3g (2)(a) 2 states: "An individual
may not add dependents after retirement or separation from the
Armed Forces, but may modify the number of months of the
transferred benefit after retirement or separation for those
dependents who had received transferred benefits prior to
separation or retirement." Both of these documents were
published on government-hosted websites prior to the effective
date of the Post-9/11 GI Bill. While the applicant did not
designate all his dependents to receive transferred benefits
prior his retirement as defined in DTM 09-003, he followed all
the steps he believed were required based on the information and
guidance he received.
The complete A1Y evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Jan 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
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. After a
thorough review of the evidence of record and the applicantÂ’s
complete submission, we believe it is in the interest of justice
to recommend granting the requested relief. Therefore, we 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. Accordingly, we recommend his records 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 he elected
to transfer his Post-9/11 GI Bill Educational Benefits to his
dependents, effective 1 May 2010.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 2 Jul 2013, 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 in AFBCMR BC-2012-
04634:
Exhibit A. DD Form 149, dated 1 Oct 2012, w/atchs.
Exhibit B. Letter, NGB/A1Y, dated 26 Dec 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 Jan 2013.
Panel Chair
2
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