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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