RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05696
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
During out-processing he was not briefed that his Transfer of
Educational Benefits (TEB) was an option. He would like to
assist his dependents in furthering their education.
In support of his request, the applicant provides copies of his
retirement orders and Department of Veterans Affairs (DVA)
Certificate of Eligibility.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant separated on 31 Jul 2009, with an effective
retirement date of retired 1 Aug 2009.
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that the applicant
retired effective 31 Jul 2009. 38 USC, Chapter 33, § 3319 (f)
(1) states "an individual may transfer such entitlement only
while serving as a member of the armed forces when the transfer
is executed." Therefore, DPSIT finds there has been no
injustice to the extent that the service member did not receive
adequate counseling as required by law and DoD regulation. The
DVA, the DoD and the Military Services widely publicized the
Post-9/11 GI Bill and the transferability feature. DoD
developed a special website, hosted by Defense Manpower Data
Center (DMDC), to facilitate the transfer of educational
benefits. The website system was operational on 27 Jun 2009 for
the purpose of accepting transfer of benefits applications. The
DTM and Air Force Instruction 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
2009, the effective date of the Post-9/11 GI Bill.
On 3 Jul 2009, the Air Force issued AFI 36-2306, Voluntary
Education Program, which requires pre-separation counseling,
documented on DD Form 2648, Pre-Separation Counseling Checklist.
However, the Air Force did not engage in a Service-wide effort
to seek out members who were already on terminal leave, or who
had already completed their pre-separation counseling, in order
to provide them with additional counseling on the Post-9/11 GI
Bill.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 Jan 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (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 warranting
corrective action regarding the applicant's TEB. We note the
comments of the Air Force office of primary responsibility;
nonetheless, based on the evidence of record and that provided
by the applicant, we find it reasonable to believe that had the
applicant been properly briefed on the extension requirements
for his entitlement to the benefits of the TEB, he would have
requested the one-month extension needed. In this respect, we
note that Air Force members similarly situated to the applicant
were provided the opportunity to extend their service solely to
qualify to transfer their benefits, which were routinely
approved by the Secretary of the Air Force. Therefore, based on
the evidence presented, we recommend the applicant's 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:
a. On 31 Jul 2009, he was not relieved from active duty,
but was continued until 31 Aug 2009.
b. On 1 Aug 2009, he elected to transfer his Post-9/11 GI
Bill Educational Benefits to a dependent effective 31 Aug
2009.
c. On 31 Aug 2009, he was relieved from active duty and on
1 Sep 2009, he was voluntarily retired.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 24 Sep 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. Due
to the unavailability of Mr. XXXXX, Mr. XXXXX will sign as the
Acting Panel Chair. The following documentary evidence was
considered in AFBCMR BC-2012-05696:
Exhibit A. DD Form 149, dated 3 Dec 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 20 Dec 2012.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 2013.
Acting Panel Chair
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