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AF | BCMR | CY2012 | BC-2012-04962
Original file (BC-2012-04962.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 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.  Applicant’s 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




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