RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03656 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be allowed to transfer an additional 18 months of Post-9/11 GI Bill educational benefits to his son. ________________________________________________________________ THE APPLICANT CONTENDS THAT: At time of his separation guidelines for transfer of Post-9/11 GI Bill benefits were not sufficiently published. He was unaware education benefits were required to be transferred to dependents while on active duty. He departed Minot AFB on or about 15 Jun 09, for terminal leave and permissive TDY. He was not contacted by the education office or other agency informing him of the requirement. He initially transferred nine months to his eldest son and then transferred an additional nine months totaling 18 months for his eldest son. He had intended to transfer the remaining 18 months to his youngest son; however, he was informed that this should have been done while he was on active duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 31 Aug 09, the applicant was relieved from active duty with a reason for separation of Voluntary Retirement: sufficient service for retirement. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, noting the applicant did not provide adequate justification or documentation. He retired 1 Sept 09. The program for the Transfer of Education Benefits (TEB) started 1 Aug 09. The applicant initially applied for transfer of nine months to his eldest son. He states that he then went back into TEB to transfer half of his education benefits to his younger son, yet there is no documentation that supports his request. On his Pre-Separation Counseling Checklist, dated 19 Feb 09, he indicated that he did not want any counseling by the Education Office concerning Post-9/11 GI Bill. He has failed to provide documentation that there was an error on the part of the Air Force. Since 38 USC, Chapter 33, Section 3319 (f) (1) states that "an individual ... may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." The complete DPSIT evaluation, with attachments, 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 11 Sep 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. While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not properly counseled regarding the steps necessary to transfer his benefits to his dependents. In this respect, while the record reflects the applicant was able to transfer half of the benefit to his eldest son prior to retirement, it is apparent that he did not fully understand that he was to make the election for both sons’ at that time. Therefore, we do not find it reasonable that he would have knowingly elected not to make this election prior to his retirement to ensure he had secured this benefit for both of his dependents. As such, in the interest of justice we find the evidence is sufficient to recommend that he be allowed to transfer his remaining Post 9/11 GI Bill educational benefits to his son. Therefore, we recommend the record 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 Aug 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03656 in Executive Session on 9 May 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 27 Jul 12, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 11 Sep 12.