RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00069
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependent son.

________________________________________________________________

APPLICANT CONTENDS THAT:

He submitted a transfer of benefits request prior to his 
retirement with the assistance of the Wing Retention Office 
Manager (ROM).

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

________________________________________________________________

STATEMENT OF FACTS:

According to the applicant’s NGB Form 22, Report of Separation 
and Record of Service, the applicant enlisted in the Air 
National Guard on 6 Jan 86.

On 30 Dec 11, the applicant was transferred to the Retired 
Reserve List and was credited with 31 years and 25 days of total 
military service.

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 C. 

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1Y recommends denial, indicating there is no record or 
documentation showing the applicant transferred his Post 9/11 GI 
Bill benefits prior to his retirement.  

The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09 by 
virtue of the passage of Public Law (PL) No. 110-252, which was 
signed by the President on 30 Jun 08.PL No. 110-252, section 
3319(f)(1) states in part, that “an individual approved to 
transfer entitlement to educational assistance under this 
section may transfer such entitlement only while serving as a 
member of the armed forces when the transfer is executed.”  
Directive Type Memorandum (DTM) 09-003 – Post-9/11 GI Bill, 
dated 22 Jun 09, attachment 2, paragraph 3.g.1 states, an 
individual approved to transfer entitlement, may transfer to 
family member only while serving in the armed forces.  Both of 
these documents were published on government-hosted websites 
prior to the effective date of the Post 9/11 GI Bill.   

DoD developed a special website to facilitate the transfer of 
educational benefits.  On 27 Jun 09, the website was operational 
for the purpose of accepting transfer of benefits applications.  
Both the DTM and AFI 36-2306 state the transfer must be made 
while the member is serving in the Armed Forces.  Both documents 
were published on government-hosted websites prior to 1 Aug 09, 
the effective date of the Post-9/11 GI Bill.

The DMDC website has the feature to track a member’s transfer 
record from the initial request to any changes or modifications 
made to the request.  A search was conducted and no record of 
the applicant was found.

The former ROM for the applicant’s unit stated she remembered 
meeting with the applicant but not the specifics of what was 
discussed.  She indicated that normally when she helps members 
process their TEB request, she has them print a screen shot 
showing their request is “pending review”.  After a review of 
her records, there was no documentation showing she assisted the 
applicant in processing his request.

A complete copy of the NGB/A1Y evaluation, with attachments, is 
at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 Mar 13 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
Other than his own uncorroborated assertions, the applicant has 
provided no documentary evidence whatsoever that indicates he 
submitted a transfer of benefits request prior to his 
retirement.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00069 in Executive Session on 12 Nov 13, under 
the provisions of AFI 36-2603:

                   , Panel Chair
                   , Member
                   , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jan 13, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, NGB/A1Y, dated 27 Feb 13, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Mar 13.




                                   
                                   Panel Chair





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DEPARTMENT OF THE AIR FORCE
	WASHINGTON DC