RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05065
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent wife.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Post-9/11 GI Bill was not finalized prior to him beginning
his terminal leave on 6 Jul 09, thus he was not afforded the
opportunity to transfer his benefits.
The applicants complete submission is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant retired from active duty, effective 1 Sep 09.
On 25 Mar 09, the applicant received his preseparation
counseling.
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill,
the Secretary concerned, to promote recruitment and retention in
the Uniformed Services, may permit an individual eligible for
Post-9/11 GI Bill educational assistance to elect to transfer to
one or more of his or her family members all or a portion of his
or her entitlement to such assistance. For individuals eligible
for retirement on 1 Aug 09, no additional service is required.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends the applicants request be approved. Due
to the applicant being on terminal leave at the program standup
and not receiving the proper counseling prior to entering
terminal leave status, he was not afforded the opportunity to
transfer his education benefits while on active duty.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Jan 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. Having
carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility
and adopt the rationale expressed as the basis for our decision
that the applicant has been the victim of either an error or an
injustice. Therefore, we recommend the applicant's records 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 August 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-05065 in Executive Session on 18 Sep 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05065 was considered:
Exhibit A. DD Form 149, dated 8 Oct 13.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 6 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
3
AF | BCMR | CY2013 | BC 2013 05147
On 1 Mar 10, the applicant retired from active duty. Therefore, an injustice was caused and the Transfer of Education Benefits (TEB) application should be approved, effective 1 Mar 10. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
AF | BCMR | CY2013 | BC 2013 04584
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04584 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her records be corrected to show she transferred her Post-9/11 GI Bill educational benefits (TEB) to her dependents while on active duty. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at...
AF | BCMR | CY2014 | BC 2014 00168
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit E. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the applicants request noting the applicant may not have received accurate information regarding transferring education benefits to his dependents. Service members of the Armed Forces who, on or after 1 Aug 09, eligible for the Post-9/11 GI Bill, had...
AF | BCMR | CY2012 | BC-2012-01648
________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 31 Aug 09, with a reason for separation of Voluntary Retirement: Maximum Service or Time in Grade. At that time nothing was said about having to apply for the transfer while still on active duty for individuals in his situation. Exhibit D. Letter, Applicant, dated 27 Jun 12, w/atchs.
AF | BCMR | CY2012 | BC-2012-02979
If the Board finds there was an injustice to the extent that the member 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 the member's request. The complete DPSIT evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He asks the Board...
AF | BCMR | CY2014 | BC 2014 00045
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00045 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. As of this date, this office has not received a response. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...
AF | BCMR | CY2011 | BC-2011-02648
The member was ineligible to apply for the Post-9/11 GI Bill transfer of benefits to dependents because he had an approved retirement in Jun 09. The AFPC/DPSIT evaluation statement, The fact that member was ineligible to apply for the Post 9/11 GI bill transfer of dependents because member had an approved retirement in June 09 is misleading as he cannot find any factual information stating he was ineligible. _________________________________________________________________ The following...
AF | BCMR | CY2011 | BC-2011-04118
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. Based upon his retirement date of 30 Jun 09, the member is not eligible for the program. ...
AF | BCMR | CY2013 | BC-2012-01925
Moreover, as indicated by the OPR, 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. ________________________________________________________________ requirements eligibility dependent met the 2 THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating...
AF | BCMR | CY2012 | BC-2012-05809
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05809 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit...