AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01272
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not transfer his benefits prior to his 1 January
2010 retirement.
The applicant provides no documentation in support of his appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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 the applicant did not
provide adequate justification/documentation. He did receive
pre-separation counseling 16 April 2009 for education benefits
prior to his retirement. Public Law clearly states that transfer
of benefits have to be done prior to separation/retirement. The
applicant made no attempt to contact the Education Office after
his separation briefing as noted on DD Form 2648, Preparation
Counseling Checklist for Active Component Service Members. The
applicant out-processed through the vMPF with the Education
Office on 30 July 2009.
The DPSIT complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states His DD Form 2648 shows that he received
counseling about his education benefits; nothing mentions
anything about the option to transfer benefits to a dependent.
Considering the recent change to the GI Bill benefits, he would
expect to see additional comments about the option. Regarding
the 30 July 2009 vMPF out-processing, this was done by physically
visiting the Education Office instead of receiving the briefing
by computer (this was a frequent problem with vMPF access which
required physically visiting many places to out-process and
getting hand-written acknowledgment). He began terminal leave on
21 September 2009. The memo from XXXXXXXX dated 19 April 2012
states that the USAF 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.
The applicant’s complete response, with attachments, is at
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. While the Board
notes 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 fully aware of the steps necessary to transfer his
benefits to his dependents. We also do not find it reasonable
that he would have knowingly elected not to pursue use of this
important entitlement. As such, we find the evidence sufficient
to conclude that it is 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
31 December 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-01272 in Executive Session on 8 January 2013,
under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR BC-2012-01272
was considered:
Exhibit A. DD Form 149, dated 23 March 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 19 April 2012.
Exhibit C. Letter, SAF/MRBR dated 11 May 2012.
Exhibit D. Letter, Applicant, not dated, w/atchs.
3
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