RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02744 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to accomplish a Post-9/11 GI Bill transfer of education benefits (TEB) to his dependent daughter. ________________________________________________________________ APPLICANT CONTENDS THAT: He was recently made aware that he could not accomplish a Post- 9/11 GI Bill TEB to his dependent daughter because he did not complete any paperwork before he retired. He was never informed or advised that the TEB paperwork had to be submitted and confirmed before his retirement. He believes that the Post Traumatic Stress Disorder (PTSD) and depression that he was experiencing at that time, hindered his ability to take the necessary steps to transfer this important benefit. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Vermont Air National Guard who was permanently disability retired in the grade of Master Sergeant (MSgt), on 13 September 2011, per AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, with a compensable percentage for physical disability of 50 percent. The remaining relevant facts pertaining to this application, extracted from the applicant’s military personnel records are contained in the letter prepared by the appropriate office of the Air National Guard at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1YR recommends approval if the Board finds there is an injustice. A1YR states they contacted the retention office Manager (ROM) of the applicant’s former unit and the ROM stated that a month before the applicant retired, he received a Post- 9/11 GI Bill separation briefing and was given instructions on how he could apply for the benefit but unfortunately he was not given the Post-9/11 TEB briefing. He was not informed of the requirement to complete a TEB to his dependents prior to his retirement. The complete NGB/A1YR evaluation is at Exhibit C. NGB/A1PS states they concur with the NGB/A1YR advisory. The complete NGB/A1PS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 August 2012 for review and comment within 30 days (Exhibit E). To date, a response has not 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 an injustice. In this respect, the Air Force offices of primary responsibility (OPR) have indicated that through no fault of the applicant it appears he may not have been afforded the opportunity to transfer his Post-9/11 GI Bill TEB to his dependents because he was not informed of the requirement to complete a TEB to his dependents prior to his retirement. As such, we believe the applicant was the victim of an injustice and 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 25 January 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered in Executive Session on 22 April 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02744 was considered: Exhibit A. DD Form 149, dated 5 June 2012, with atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, NGB/A1YR, dated 25 July 2012. Exhibit D. Letter, NGB/A1PS, dated 6 August 2012. Exhibit E. Letter, SAF/MRBR, dated 30 August 2012.