RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05922
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill educational 
benefits to his dependents.

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APPLICANT CONTENDS THAT:

His duty location was in Falls Church, Virginia, which was 
geographically separated from his parent unit (Andrews AFB) and 
the information was not properly disseminated.

He did not understand the full process and was never informed of 
the rules prior to his retirement.

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, a letter of eligibility from the Regional Processing 
Office, and Transfer of Education Benefits (TEB) information.

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

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STATEMENT OF FACTS:

The applicant retired in the grade of lieutenant colonel 
effective 1 Nov 11, after serving 20 years and 19 days on active 
duty.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating that the applicant has 
not provided any evidence that he was briefed improperly before 
retirement regarding the TEB.  He converted his Montgomery GI 
Bill (MGIB) to the Post-9/11 GI Bill through the Department of 
Veterans Affairs (DVA) website.  The applicant indicated on his 
DD Form 2648, Pre-Separation Counseling Checklist, that he 
wanted counseling on the MGIB/Post-9/11 GI Bill; however, he did 
not inquire about the TEB until 14 Dec 12, 14 months after he 
retired.  The applicant’s failure to act in a timely manner is 
not a basis for approval.

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Feb 13, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days (Exhibit C).  
As of this date, this office has received no response.

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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 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 the applicant was not provided sufficient 
information/instructions for completing the transfer for his 
dependents.  Although, the OPR does not feel he exercised 
reasonable diligence in making a timely decision before he 
separated from active duty, based on the evidence provided, we 
find it sufficient to conclude the applicant was not properly 
counseled on the TEB process.  Therefore, to preclude an 
injustice, we recommend his records be corrected as indicated 
below.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 30 Jun 
10, he elected to transfer his Post-9/11 GI Bill Educational 
Benefits.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05922 in Executive Session on 24 Sep 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 17 Dec 12, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 23 Jan 12.
     Exhibit C.  Letter, SAF/MRBR, dated 8 Feb 13.




                                   
                                   Panel Chair