RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05012 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) benefits to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He had planned on retiring in April 2009; however, after speaking with the Air Force Retirements Section and the Department of Veterans Affairs (DVA) office, they told him that he needed to change his retirement date to 1 Aug 09 to be eligible for TEB, so he did. He is married and has six children. His son would be the first to use the education benefit; he started college two years ago. He transferred his Montgomery GI Bill benefits to the Post 9/11 GI Bill. After he received his Certificate of Eligibility from the DVA, he sent off his request for transfer of funds application. At first he was told he was good to go; however, three weeks later the admissions office informed him that there was a problem with the transfer. He feels he did everything he was instructed to do when he retired in order to be able to use the TEB. He believes he was misled and hopes the Board corrects his records to allow him to use the benefits. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant retired on 1 Aug 09 in the grade of master sergeant. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and: * Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. * Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or * Is or becomes retirement eligible during the period from August 1, 2009, through August 1, 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. * For those individuals eligible for retirement on August 1, 2009, no additional service is required. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval stating that the applicant was not given the proper information regarding the proper date to retire in order to qualify for TEB benefits. 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 Dec 12 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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. Based on the evidence of record and the recommendation provided by AFPC/DPSIT, we find it reasonable to believe that had he been properly briefed on the TEB, he would have requested to retire effective 1 Sep 09, rather than 1 Aug 09 and would have requested to transfer his education benefits before he retired. Consequently, we find the evidence provided sufficient to grant the requested relief. Therefore, we 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: a. He was not retired on 1 August 2009, but on that date he continued on active duty. b. On 31 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. c. He retired effective 1 September 2009. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-05012 in Executive Session on 2 Jul 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. served as the Panel Chair; however, due to her unavailability, is signing as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Oct 12, w/atchs. Exhibit C. Letter, AFPC/DPSIT, dated 13 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.