RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04773
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was never briefed regarding TEB during his transition
briefings prior to his retirement.
He provides no additional documentation in support of his
appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant retired effective 1 April 2010 in the grade of
master sergeant after serving 26 years and 26 days on active
duty.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, is eligible for the Post-9/11 GI Bill, has at least 6
years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
DPSIT recommends denial. DPSIT states members may have had the
impression that being on active duty or in the Selected Reserve
(SELRES) on the effective date of the law, 1 August 2009, was
sufficient to vest them with the right to transfer benefits at
some time in the future. Had those members sought clarification
from an educational counselor, read the DoD or Air Force
guidance that was very clear on that point, or take other
measures to make timely decisions before their separation or
retirement, they could have initiated a timely transfer of
benefits.
The applicant states he was never briefed during his transition
briefings at Moody AFB prior to his retirement. This is
incorrect; every TAP briefing is required to brief the MGIB and
Post 9/11 benefits to members. On the applicants Pre-
separation Counseling Checklist (26 October 2009), the applicant
indicated he did not want any education counseling in regard to
Post-9/11 GI Bill benefits. Also, during the applicants out-
processing of the Education Center on 5 January 2010, the
applicant could have asked about the Post 9/11 transfer benefit,
but failed to do so. The applicant could have transferred
benefits at any time between 26 October 2009 and his last day of
active service 31 March 2010. They find there has been no
injustice to the extent that the applicant did not receive
adequate counseling as required by law and DoD regulation.
The DPSIT complete evaluation, with attachments, is at Exhibit
B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 November 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
_
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 an injustice. While it appears the
applicant did not request a Post-9/11 GI Bill briefing prior to
his retirement, it appears the only plausible explanation as to
why the applicant did not elect to transfer benefits to his
dependents at the time was lack of understanding on his part.
Additionally, we do not find it reasonable that he would have
knowingly elected not to pursue use of this important
entitlement. As such, we find in the interest of justice to
recommend correction of his records 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 30
March 2010, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2012-04773 in Executive Session on 2 July 2013, under
the provisions of AFI 36-2603:
Although Ms. Reardon chaired the panel, in view of her
unavailability, Mr. Blomgren has agreed to sign as Acting Panel
Chair. All members voted to correct the records as recommended.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 October 2012.
Exhibit B. Letter, AFPC/DPSIT, dated 23 October 2012,
w/atchs.
Exhibit C. Letter, SAF/MRBR dated 6 November 2012.
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