RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02661 COUNSEL: NONE 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: During his last year of active duty it was not clear when the Post-9/11 GI Bill would take effect or whether he would be eligible to transfer his education benefits to his dependents. Had he known he needed to be on active duty on 1 August 2009 he would have retired at a later date in order to meet the eligibility requirements for Post-9/11. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 August 2009. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the requesting relief. The transfer of benefit option under the Post-9/11 GI Bill is an option offered by the Services as a recruiting and retention tool. The Department of Defense (DoD) established the rules via DTM 09-003 that allowed an individual retiring between 2 August 2009 - 30 June 2010, the option to transfer benefits to their dependents. Due to the ambiguity of the 1 August 2009 date, the Secretary of the Air Force authorized certain category of individuals with a 1 August 2009 retirement date to voluntarily request their retirement date be changed to 1 September 2009. The complete AFPC/DPSIT evaluation, with an attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 October 2012, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant’s 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: a. On 31 July 2009, he was not relieved from active duty, but on that date, he was continued until 31 August 2009. b. On 1 August 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits. c. On 31 August 2009, he was relieved from active duty and retired effective 1 September 2009. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02661 in Executive Session on 11 February 2013, under the provisions of AFI 36-2603: , Acting Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR BC-2012-02661 was considered: Exhibit A. DD Form 149, dated 18 June 2012, w/atch. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 27 August 2012, w/atch. Exhibit D. Letter, SAF/MRBR, dated 23 October 2012.