AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01925
COUNSEL: NO
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 was on terminal leave during the implementation phase of the
Post-9/11 GI Bill program. He was told by a Veteran’s Affairs
(VA) counselor that he fell into the category along with
16,000 other service members who did not get an opportunity to
transfer their benefits while on active duty.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Sep 09, the applicant retired in the grade of senior master
sergeant. He served 28 years of total active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the member did not
provide adequate justification/documentation. On 23 Apr 09, the
applicant received pre-separation counseling and indicated on
his DD Form 2648, Pre-separation Counseling Checklist for Active
Component (AC) Service Members that he wanted counseling for
educational benefits prior to his retirement. On 12 Jun 09, the
applicant had the opportunity to ask questions about the
Transfer of Education Benefits (TEB) when he out-processed.
The complete DPSIT evaluation, with attachments, is at Exhibit
B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 Jun 12, for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We note the
comments of the Office of Primary Responsibility (OPR)
concerning the steps the Air Force took to inform eligible
personnel of their ability to transfer Post 9/11 GI educational
benefits to their eligible dependents. We also note the
applicant received pre-separation counseling on 23 Apr 09 and
indicated that he wanted counseling for educational benefits
prior to his 1 Sep 09 retirement. However, we find no evidence
that he ever received the requested counseling and note that he
out-processed on 12 Jun 09, prior to both the requirement for
the services to provide and document individual pre-separation
counseling on this important benefit and the establishment on
27 Jun 09 of the Department of Veterans Affairs (DVA) website
for electing to transfer such benefits to eligible dependents.
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. Although he may have been aware that
his
for
transferability, it appears that he was not provided sufficient
information/instructions for completing the transfer while he
was still on active duty. In view of the above, and since he
was eligible to elect to transfer educational benefits because
he was still on active duty on 1 Aug 09, we recommend his
records be corrected to the extent indicated below.
________________________________________________________________
requirements
eligibility
dependent
met
the
2
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 30 August
2009, he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2012-
01925 in Executive Session on 8 Jan 13, under the provisions of
AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Apr 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 22 May 12.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
Panel Chair
Member
Member
3
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