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AF | BCMR | CY2013 | BC 2012 04773
Original file (BC 2012 04773.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 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 applicant’s 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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