RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03656
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer an additional 18 months of Post-9/11
GI Bill educational benefits to his son.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
At time of his separation guidelines for transfer of Post-9/11
GI Bill benefits were not sufficiently published. He was
unaware education benefits were required to be transferred to
dependents while on active duty. He departed Minot AFB on or
about 15 Jun 09, for terminal leave and permissive TDY. He was
not contacted by the education office or other agency informing
him of the requirement.
He initially transferred nine months to his eldest son and then
transferred an additional nine months totaling 18 months for his
eldest son. He had intended to transfer the remaining 18 months
to his youngest son; however, he was informed that this should
have been done while he was on active duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Aug 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 retired
1 Sept 09. The program for the Transfer of Education Benefits
(TEB) started 1 Aug 09. The applicant initially applied for
transfer of nine months to his eldest son. He states that he
then went back into TEB to transfer half of his education
benefits to his younger son, yet there is no documentation that
supports his request. On his Pre-Separation Counseling
Checklist, dated 19 Feb 09, he indicated that he did not want
any counseling by the Education Office concerning Post-9/11 GI
Bill. He has failed to provide documentation that there was an
error on the part of the Air Force. Since 38 USC, Chapter 33,
Section 3319 (f) (1) states that "an individual ... may transfer
such entitlement only while serving as a member of the armed
forces when the transfer is executed."
The complete DPSIT evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Sep 12 for review and response. As of this
date, no response has been received by this office (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. 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. In this respect, while
the record reflects the applicant was able to transfer half of
the benefit to his eldest son prior to retirement, it is
apparent that he did not fully understand that he was to make
the election for both sons at that time. Therefore, we do not
find it reasonable that he would have knowingly elected not to
make this election prior to his retirement to ensure he had
secured this benefit for both of his dependents. As such, in
the interest of justice we find the evidence is sufficient to
recommend that he be allowed to transfer his remaining Post
9/11 GI Bill educational benefits to his son. Therefore, 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 Aug 09, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03656 in Executive Session on 9 May 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 27 Jul 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Sep 12.
Panel Chair
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