RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04962
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 19 May 09, he received an approved retirement date of 1 Feb
10. At the time, the rules for transferability were gray and he
was never briefed on the rules and the need to transfer prior to
retirement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from active duty, effective 1 Feb 10, in
the grade of chief master sergeant (E-9).
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 C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating the applicant was
approved for retirement on 19 May 09, nearly three full months
prior to the start of the program on 1 Aug 09. The applicant
has not provided any evidence that he was never briefed of the
need to transfer his benefits while on active duty. His DD Form
2648, Preseparation Counseling Checklist for Active Component
Service Members was completed in 2008 [sic], nearly a full year
prior to the standup of the program.
The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09.
Any member of the Armed Forces who, on or after 1 August 2009,
is eligible for the Post-9/11 GI Bill, had at least six years of
service on the date of election may transfer unused Post-9/11
benefits to their dependents.
Service Secretaries were required, as of 22 Jun 09, to provide
and document individual pre-separation or release from active
duty counseling regarding these benefits. The Air Force issued
AFGMI on 23 Jul 09, which required pre-separation counseling be
documented on DD Form 2648.
DoD developed a special website to facilitate the transfer of
educational benefits. On 27 Jun 09, the website was operational
for the purpose of accepting transfer of benefits applications.
Both the DTM and AFI 36-2306 state the transfer must be made
while the member is serving in the Armed Forces. Both documents
were published on government-hosted websites prior to 1 Aug 09,
the effective date of the Post-9/11 GI Bill.
Based on the facts provided, the applicant did not provide
adequate documentation to justify an error or injustice. He
received pre-separation counseling and indicated on his pre-
separation, DD Form 2648, that he did want counseling for
educational benefits prior to his retirement.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
AFPC/DPSIT stated that his DD Form 2648 was completed in 2008;
however, that is a mistake, it was completed in Aug 09. All
references they used for explaining when and how he should have
been informed are dated Aug 09, the same time he was actually
receiving separation briefings. His retirement was approved in
May 09, three full months prior to the Air Force implementing
its guidance and communication plan. Also, in spite of his DD
Form 2648 indicating he received Education/Training briefings,
he received his transition counseling at Misawa AB, Japan where
one-third of the counselors were brought in from other bases and
the remaining were newly assigned and/or hired positions. That,
coupled with the newly implemented policy, resulted in him not
being fully informed. Lastly, the advisory opinion implies that
he was properly briefed because he has shown no proof of not
receiving this information and his DD Form 2648 shows he
received an Education/Training briefing; however, there is no
proof that he received specific information about the
transferability of his benefits.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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 his eligibility and 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
1 August 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits to his dependent.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04962 in Executive Session on 12 Aug 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 18 Oct 12, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 30 Oct 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12.
Exhibit E. Letter, Applicant, dated 21 Nov 12.
Panel Chair
AF | BCMR | CY2012 | BC-2012-04093
After retiring and applying for one of his children to receive the benefit, he was told there was no record of his transaction. 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 C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating the Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. ...
AF | BCMR | CY2012 | BC-2012-01391
________________________________________________________________ THE APPLICANT CONTENDS THAT: He applied for the Post 9/11 GI Bill prior to retirement; however, the transferability portion of the benefit had not been established at that time and believes for that reason he should be given an opportunity to complete this transfer. The applicant states that he applied for the 9/11 GI Bill right before he retired (no date of when this happened), but the transferability requirement for...
AF | BCMR | CY2013 | BC-2013-00542
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00542 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: He was advised by the Department of Veterans Affairs (DVA) to request Transfer of...
AF | BCMR | CY2012 | BC-2012-05040
Any member of the Armed Forces who, on or after 1 August 2009, is eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant retired from active duty prior to the Tranfer of Benefits becoming effective on 1 Aug 09 and, other than argument and conjecture, he has presented no evidence to...
AF | BCMR | CY2012 | BC-2012-03052
Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. Based on the facts provided, the applicant did not transfer his benefits to his dependents prior to his retirement and he has not provided any evidence that his failure to do so was the result of his being improperly briefed prior to retirement. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the...
AF | BCMR | CY2013 | BC 2013 03178
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 GI Bill, and: * Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. In 2008, the Education Office did properly brief the applicant that Post-9/11 GI Bill can be used up to 15 years after separation/retirement; however, the Transfer of...
AF | BCMR | CY2012 | BC-2012-01985
_________________________________________________________________ APPLICANT CONTENDS THAT: He was not counseled on the requirements to transfer at least one month of education benefits to each dependent prior to his retirement. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2013 | BC 2012 05696
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05696 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. DPSIT states that the applicant retired effective 31 Jul 2009. ________________________________________________________________ The following members of the Board...
AF | BCMR | CY2012 | BC-2012-01350
________________________________________________________________ APPLICANT CONTENDS THAT: After retiring from the Air Force he became aware that he was required to transfer his education benefits to his dependents prior to his retirement. He was not briefed that he had to transfer benefits before retiring. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-01350 in Executive Session on 13 Nov 2012, under...
AF | BCMR | CY2012 | BC-2012-00409
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, and: Has at least 6 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 the Board finds there was an injustice to the extent that the member did not receive adequate pre-separation counseling, as required...