RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03160
		
	XXX  	COUNSEL:  NONE

		HEARING DESIRED: NO


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APPLICANT REQUESTS THAT:

The official records be corrected to show her deceased spouse 
transferred his Post-9/11 GI Bill educational benefits to her 
while he was on active duty.   

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APPLICANT CONTENDS THAT:

While still on active duty, but on convalescent leave, her now 
deceased spouse went into his military office and submitted a 
TEB transfer request electing to transfer his education benefits 
to her.  He printed a receipt stating an AF Form 4406, Statement 
of Understanding, would be sent to his e-mail within 72 hours, 
but he never received the form.  However, due to his illness, he 
was unable to return to his unit to check his e-mail for arrival 
of the AF Form 4406.  Therefore, the form was never signed.  Her 
spouse passed away on 27 May 11 from Hodgkin’s disease.   

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the Air Force office of primary 
responsibility (OPR), which is attached at Exhibit C.

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AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval.  For the first time in history, 
service members enrolled in the Post-9/11 GI Bill Program are 
able to transfer unused educational benefits to their dependent 
spouses or children.  Any member of the Armed Forces, active 
duty or Selected Reserve, officer or enlisted, on or after 1 Aug 
09, who is eligible for the Post-9/11 Bill, has at least six 
years of service in the Armed Forces on the date of election, 
and agrees to serve four additional years in the Armed Forces 
from the date of election can transfer their unused Post-9/11 
benefits to their dependents (Title 38 USC, Chapter 33, § 
3319(b)(1)).  Title 38 USC, Chapter 33, § 3319(f)(1) adds that 
the transfer of such entitlement can only be done while serving 
as a member of the armed forces when the transfer is executed.

The deceased member attempted to complete the Post-9/11 GI Bill 
Transfer of Education Benefits (TEB) on 19 Jan 2011.  His 
terminal illness prevented him from returning to his office to 
verify AFPC/DPT emailed an AF Form 4406 to him.  The member 
clearly showed his intent to TEB by submitting his application 
and allocating 36 months of benefits to his spouse.  

The complete AFPC/DPSIT evaluation, with attachment, is at 
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 30 Aug 12 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

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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.  The 
applicant is requesting that the records of her deceased spouse 
be changed to reflect that he elected to transfer his Post 9/11 
GI Bill Educational Benefits to her while he was on active duty.  
We note the recommendation from AFPC/DPSIT to approve the 
applicant’s request.  After a thorough review of the evidence of 
record and the applicant’s submission, we believe a 
preponderance of the evidence supports corrective action.  
Therefore, we recommend his records be corrected as indicate 
below.  

________________________________________________________________




THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
19 January 2011, he elected to transfer his Post 9/11 GI Bill 
Educational Benefits to his spouse.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03160 in Executive Session on 27 Mar 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 was considered:

    Exhibit A.  DD Form 149, dated 24 Jul 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 20 Aug 12, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 12.




                                   
                                   Panel Chair