RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-02049
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill Educational
benefits to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was briefed by his Military Personnel Flight (MPF) that he
would be eligible to transfer his benefits.
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. The applicant
received pre-separation counseling on 14 May 2009. The applicant
indicated on his pre-separation form, DD Form 2648, that he did
not want counseling for education benefits prior to his
retirement. There is no record of the applicant applying for the
benefit in Transfer of Education Benefits (TEB) or any Right Now
technology (RNT) records.
The DPSIT complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 June 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 error or injustice. After reviewing
the evidence of record, we are persuaded that favorable
consideration of the applicant’s request is warranted. It
appears the applicant was unable to receive timely educational
briefings due to his retirement occurring shortly after the
implementation of the Post 9/11 TEB program. We believe at the
time of his separation, the applicant did not execute a well
informed decision regarding these benefits. The comments of
AFPC/DPSIT concerning the applicant’s completion of his pre-
separation counseling on 14 May 2009 are noted; however, we do
not find this as a sufficient basis to deny the requested relief,
as the President did not sign into law the supplemental bill,
extending Post-9/11 GI Bill educational benefits to dependents,
until later in the year. In view of this, and noting the
proximity of the applicant’s retirement to the advent of newly-
established procedures for executing a request to transfer these
benefits, we believe a preponderance of the evidence establishes
that he may not have been briefed in this regard. Therefore, we
recommend the records be corrected 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 15 August
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-2012-02049 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 Docket Number
BC-2012-02049 was considered:
Exhibit A. DD Form 149, dated 7 May 2012.
Exhibit B. Letter, AFPC/DPSIT, dated 29 May 2012, w/atch.
Exhibit C. Letter, SAF/MRBR dated 25 June 2012.
3
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