RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03009
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits to his children.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
When he converted his old GI Bill benefits to the Post 9/11 GI
Bill he was never advised that he had to complete the Transfer
of Educational Benefits (TEB) while on active duty.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Dec 09, the applicant was relieved from active duty with a
reason for separation of Voluntary Retirement: sufficient
service for retirement.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, noting the applicant did not
provide adequate justification or documentation. He received
pre-separation counseling on 16 Sep 09, to include education
benefits. There is no record of him applying for the benefit in
the TEB system or any Right Now Technology (RNT) records. If
the Board finds there was an injustice to the extent that the
applicant did not receive adequate pre-separation counseling as
required by law and DoD regulation, and was not personally
notified about the need to transfer while serving in the Armed
Forces, the Board may approve his request.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
At the time of transfer, he was asked if he wanted to transfer
his benefits to his children or spouse. He told the person
helping him that he did not know how many months of benefits he
would have left since he had recently completed a Bachelor
Degree and was scheduled to start Paramedic school immediately
after retirement. He was told that before his dependents would
be eligible for Post 9/11 benefits, he would need to make sure
that he transferred any remaining months to them. However, he
was never told that he had to be on active duty to accomplish
this.
Had he been informed of this required action he would have acted
upon it immediately. The intent of him changing to the Post
9/11 GI Bill was to be able to transfer his benefits to his
children. He understands that the Post 9/l1 GI Bill was a
rapidly evolving and not well known entity during his last few
months in the Air Force and the pre-Separation briefing he
attended lasted all of 15 minutes and was more focused on
completing the out-processing checklist.
The applicants complete response is at 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 properly counseled regarding the steps necessary to
transfer his benefits to his dependents. We do not find it
reasonable that he would have knowingly elected not to pursue
use of this important entitlement. Therefore, in the interest
of justice we find the evidence is sufficient to warrant the
requested relief. Accordingly, we recommend the record 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 on
31 Dec 09, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03009 in Executive Session on 27 Mar 13, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jul 12.
Exhibit B. Letter, ARPC/DPTT, dated 3 Aug 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 22 Aug 12.
Exhibit D. Letter, Applicant, dated 13 Sep 12.
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