RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02581 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill educational benefits to her dependents. ________________________________________________________________ THE APPLICANT CONTENDS THAT: She was given incorrect counsel in regards to the Transfer of Educational Benefits (TEB) prior to retirement. Soon after being diagnosed with multiple sclerosis, in Sep 09, she went to the local education office for information about the TEB. At that time, she was informed that since she would not be able to complete the service commitment, she was not eligible to transfer her Post 9/11 GI Bill benefits to her dependents. She just recently found out the advice she was given was incorrect and that in fact she was eligible for the benefit. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 25 Oct 10, the applicant was relieved from active duty and permanently disability retired with a compensable rating of 30 percent. She was credited with 10 years, 10 months, and 27 days of active service for retirement. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval, noting the applicant was not properly informed of her ability to transfer benefits to her dependents. The applicant was given improper guidance by Education Center personnel. She clearly had the amount of time in service to transfer the benefit to her dependents; however, by the time the error was discovered, she had been placed in a permanent disability retired status and could not transfer this benefit on to her dependents. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Jul 12 for review and response. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 warranting corrective action. The Air Force office of primary responsibility has adequately addressed the issues presented by the applicant and we are in agreement with their opinion and recommendation. Therefore, we recommend the applicant’s record be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 24 Oct 10, she elected to transfer her Post 9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02581 in Executive Session on 27 Mar 13, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Jun 12, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 2 Jul 12, w/atch. Exhibit C. Letter, SAF/MRBR, dated 16 Jul 12.