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AF | BCMR | CY2013 | BC-2012-02143
Original file (BC-2012-02143.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 
 

 
 
 

 
 

 
 

DOCKET NUMBER:  BC-2012-02143 
COUNSEL:  NONE 
HEARING DESIRED: NO 

IN THE MATTER OF:   
 
 
 
     
 
 _________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be allowed to transfer his Post 9/11 Montgomery GI Bill (MGIB) 
benefits to his children.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  not  briefed  that  his  election  for  TEB  had  to  be 
accomplished  prior  to  his  retirement.    He  found  out  two  years 
later after attempting to transfer his benefit to his child.   
 
The  applicant  does  not  provide  any  evidence  in  support  of  his 
appeal.   
 
The applicant’s complete submission is at Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  is  a  former  member  of  the  Regular  Air  Force  who 
retired  effective  1  September  2009  in  the  grade  of  technical 
sergeant (E-6).   
 
The  remaining  relevant  facts,  extracted  from  the  applicant’s 
military service records, are reflected in the evaluation by the 
Air Force office of primary responsibility at Exhibit B.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    DPSIT  states  the  applicant  did 
receive a pre-separation counseling on 4 April 2008.  He selected 
“not 
13, 
Education/Training,  line  a  (Education  Benefits,  Montgomery  GI 
Bill,  Veterans  Educational  Assistance  Program,  Vietnam-era, 
etc.).  Additionally, between 4 April 2008 and 22 January 2012, 
there  was  no  attempt  by  the  applicant  to  inquire  about  the 
benefits.  The personnel programs tracking system indicates the 
applicant’s  spouse  contacted  the  Total  Force  Service  Center  on 
23 January  2012  (three  years  after  the  applicant’s  retirement) 
inquiring about the Post 9/11 MGIB program.   

applicable” 

2648, 

Block 

on 

the 

DD 

Form 

 
The  complete  AFPC/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 June 2012 for review and comments within 30 days.  As of 
this date, no response has been received.  
 
_________________________________________________________________ 
 
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 4 April 2008 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  the  following  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 APPLICANT be corrected to show that on 30 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-2012-02143  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  was  considered  for  AFBCMR  Docket 
Number BC-2012-02143: 
 
    Exhibit A.  DD Form 149, dated 23 May 12. 
    Exhibit B.  Letter, AFPC/DPSIT, dated 7 Jun 12. 
    Exhibit C.  Letter, SAF/MRBR, dated 19 Jun 12. 
 
 
 
 

Panel Chair 

 
 
 

 
 
 

, Panel Chair 
, Member 
, Member 

 
 
 

 
 
 

 
 

 
 

3



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