RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05065 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent wife. ________________________________________________________________ APPLICANT CONTENDS THAT: The Post-9/11 GI Bill was not finalized prior to him beginning his terminal leave on 6 Jul 09, thus he was not afforded the opportunity to transfer his benefits. The applicant’s complete submission is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant retired from active duty, effective 1 Sep 09. On 25 Mar 09, the applicant received his preseparation counseling. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. For individuals eligible for retirement on 1 Aug 09, no additional service is required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends the applicant’s request be approved. Due to the applicant being on terminal leave at the program standup and not receiving the proper counseling prior to entering terminal leave status, he was not afforded the opportunity to transfer his education benefits while on active duty. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an 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 on 31 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05065 in Executive Session on 18 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05065 was considered: Exhibit A. DD Form 149, dated 8 Oct 13. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 6 Dec 13. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14. 3 4