RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03098
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
His eligibility for Post-9/11 GI Bill educational benefits was
not established when he retired. On 11 May 10, he was approved
for the benefits; however, this happened after he retired on
1 Oct 09. Since then he has been unable to transfer his
benefits to his dependents.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Oct 09, the applicant retired in the grade of master
sergeant. He served 22 years, 2 months, and 15 days of total
active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the member did not
provide adequate justification/documentation. On 28 May 09, the
applicant received pre-separation counseling.
On 23 Jul 09, the applicant had the opportunity to ask questions
about the TEB when he out-processed the education center.
On 11 May 10, the applicant was approved for Post-9/11 GI Bill
educational benefits; however, this was for him and not his
dependents. There is no record of the applicant making a
Transfer of Educational Benefits (TEB) to his dependents.
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 10 Sep 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 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 Bill
educational benefits to their eligible dependents. We also note
the applicant received pre-separation counseling on 28 May 09,
and indicated that he wanted counseling for educational benefits
prior to his 1 Oct 09, retirement. However, we find no evidence
that he ever received the requested counseling and note that he
out-processed on 23 Jul 09, after 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 educational benefits. Although he may
have been aware that his dependents met the eligibility
requirements for transferability, it appears that he was not
provided sufficient information/instructions for completing the
transfer while he was 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.
Therefore, in the interest of justice, we find the evidence
presented sufficient to grant the requested relief.
Accordingly, we recommend his 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 September 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2012-
03098 in Executive Session on 11 Feb 13, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended.
Although, chaired the panel, in view of his untimely death, has
signed as Acting Panel Chair. The following documentary
evidence pertaining to AFBCMR Docket Number BC-2012-03098 was
considered:
Exhibit A. DD Form 149, dated 12 Jul 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 Sep 12.
Acting Panel Chair
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