RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03441
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill educational
benefits to his daughter.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He completed the submission portion of the Transfer of
Educational Benefits (TEB) for his daughter in Sep or Oct 09,
transferring 100 percent of his benefits at that time. However,
he has now found out that there is no record of his submission.
He inquired during his Transition Assistance Program (TAP)
briefings on whether he needed to take any additional actions;
he was told the actual transfer of benefits portion is completed
through the Department of Veterans Affairs (DVA).
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Dec 10, the applicant was relieved from active duty with a
reason for separation of Voluntary Retirement: sufficient
service for retirement.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, noting the applicant did not
provide adequate justification or documentation. On 13 Sep 10,
he received pre-separation counseling, including education
benefits, prior to his retirement. In Sep or Oct 09, he
"transferred" his education benefits to his daughter, but there
is no record of him doing the transfer.
DPSIT notes, he also had the opportunity to ask questions about
the TEB when he out-processed through the Education Center on
30 Sep 10. If the Board finds there was an injustice to the
extent that the member did not receive adequate pre-separation
counseling, as required by law and Department of Defense (DoD)
regulation, and was not personally notified about the need to
transfer while serving in the Armed Forces, the Board may
approve his request.
The complete DPSIT evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
He called the education office on Yokota AB back in Sept or
Oct 2009, to ask what he needed to do to transfer Post-9/11 GI
Bill benefits to his dependent daughter. He was instructed to
access the Air Force Portal to complete the transfer portion and
that the rest is handled thru the DVA. He followed their
instructions and accessed the site thru the Air Force Portal
back in Sept or Oct 09, and distinctly remembers entering a
database with his wife and daughter's names being visible with a
drop box underneath their names displaying number percentages.
He selected 100 percent underneath his daughter's name and
completed the process. Subsequently, he had a permanent change
of station in Oct 09 but never received any emails or
correspondence after completing the transfer of benefits
process.
He did received pre-separation counseling on 13 Sep 10 for
educational benefits prior to retirement; however, the
counseling only covered what benefits were available and to whom
and also that transfer of benefits needed to be accomplished
while on active duty. Since, he had completed that portion of
the process the information was not new to him. His issue is
that at no time during the pre-separation briefing or out-
processing the Education Center did anyone inform him how to or
the need to verify his transferal status. He had no visible
indicators that the transfer had not been successful.
He provides a copy of his education record, DD form 214 and out-
processing checklist prior to retirement. Under the Education
Center portion it states "Out-process the education center if
you are currently enrolled in classes or have outstanding grades
or tuition reimbursement," these were the requirements to out
process that area. They never discussed or presented his Post-
9/11 GI Bill status, as a matter of fact the only status
indication on his USAF education records is for the Montgomery
GI Bill. There is no indication of the Post-9/11 GI Bill status
on his DD form 214. He is not claiming he was not aware of the
requirement to transfer benefits while on active duty, he
believed he had done so, but there was nothing visible to make
him aware of what his status actually was in this regard. He
would hope that his 26 years of honorable service would inform
the Board of his truthfulness in explaining the circumstances in
this matter and help correct this grievous error.
The applicants complete response, with attachments, is at
Exhibit D.
________________________________________________________________
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. While we note
the steps the Air Force office of primary responsibility
indicates were taken to inform eligible personnel of this new
benefit, it appears that through no fault of the applicant he
was not properly counseled regarding the steps necessary to
transfer his benefits to his dependents. We do not find it
reasonable that he would have knowingly elected not to pursue
use of this important entitlement. As such, in the interest of
justice we find the evidence is sufficient to recommend approval
of his request. Therefore, we recommend the record 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
31 Dec 10, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03441 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03441 was considered:
Exhibit A. DD Form 149, dated 23 Jul 12.
Exhibit B. Letter, AFPC/DPSIT, dated 14 Aug 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12.
Exhibit D. Letter, Applicant, undated, w/atchs.
Panel Chair
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