RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04229
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill benefits to her
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was never informed her benefits had to be transferred prior
to her retirement in November 2009. Prior to her retirement she
completed the Veterans Online Application (VONAPP) for the
Post-9/11 GI Bill in July 2009. She received a certificate of
eligibility in the mail from the Department of Veterans Affairs
stating she was eligible for benefits. In July 2010, she went
into the Transfer of Education Benefits (TEP) system to transfer
her benefits to her son and found out she could not because her
family members were not entered into the system.
In support of her request, the applicant provides a copy of her
Certificate of Eligibility and an article from the Army Times.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was placed on the Temporary Disability Retired
List (TDRL) on 28 November 2009. On 27 May 2010, she was
removed from the TDRL and permanently retired in the grade of
captain.
On 25 February 2011, the applicant was sent a letter of
explanation regarding her application and her case was
administratively closed. Upon receipt of her DD Form 149 and
additional evidence, her case was reopened on 15 February 2012.
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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant was placed on the
TDRL on 27 November 2009. Prior to being placed on the TDRL,
she had ample opportunity to apply for the TEB. She attended a
pre-separation counseling briefing on 2 April 2009 indicating
she wanted additional information on educational benefits.
The Department of Veterans Affairs (DVA), Department of Defense
(DoD) and the Military Services widely publicized the Post-9/11
GI Bill and the transferability feature of a specially developed
website to facilitate the transfer of educational benefits. The
system was available on 27 June 2009 for the purpose of
transferring benefits. The Directive Type Memo and the Air
Force Instruction required the transfer application to be made
using the TEB website.
The applicant out processed from the Randolph education office
on 10 September 2009 and had the opportunity to ask questions
and apply for the TEB at that time; however she did not apply
for the benefits. The applicant provides no error or injustice
on the part of the Air Force.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates she was unable to transfer her benefits
because the TEB system did not recognize her family members and
there was no one to select. She contacted the Military
Personnel Flight who stated they could see her dependents, yet
they could not explain why they were not showing up in the TEB
system.
She contacted the education center and after a lengthy
discussion with a master sergeant, he stated the MPF needed to
upload her dependents. She contacted the MPF on numerous
occasions to no avail. She ultimately could not transfer her
benefits as they were not in the TEB system.
The applicants complete response is at Exhibit E.
________________________________________________________________
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
benefit, it appears that through no fault of the applicant she
was not afforded the opportunity to transfer her benefits to her
dependents. In addition we find the evidence provided
sufficient to raise reasonable doubt as to whether the applicant
was properly counsled as it does not appear reasonable that she
would have knowingly elected not to pursue use of this important
entitlement. Therefore, we elect to resolve any doubt in this
matter in behalf of the applicant and recommend the 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
27 November 2009, she elected to transfer her Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04229 in Executive Session on 13 September 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A1. DD Form 149, dated 9 Nov 10, w/atchs.
Exhibit A2. DD Form 149, dated 3 Feb 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 21 Feb 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Mar 12.
Exhibit E. Letter, Applicants Response, dated 11 Mar 12.
Panel Chair
AF | BCMR | CY2013 | BC 2013 05219
Transferability of unused benefits to dependents: Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the members request to transfer entitlement to educational assistance the member meets one of the following: o Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees...
AF | BCMR | CY2012 | BC-2012-01350
________________________________________________________________ APPLICANT CONTENDS THAT: After retiring from the Air Force he became aware that he was required to transfer his education benefits to his dependents prior to his retirement. He was not briefed that he had to transfer benefits before retiring. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-01350 in Executive Session on 13 Nov 2012, under...
AF | BCMR | CY2013 | BC 2013 04771
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 a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). If you do not receive...
AF | BCMR | CY2009 | BC-2009-04574
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a...
AF | BCMR | CY2010 | BC-2009-04574
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a...
AF | BCMR | CY2012 | BC-2012-02355
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02355 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. If the Board finds there was an injustice to the extent that the member did not receive adequate pre-separation counseling, as required by law and DoD regulation, and was...
AF | BCMR | CY2012 | BC-2012-01349
The remaining relevant facts pertaining to this application arecontained in the letter prepared by the appropriate office of theAir Force, which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial noting the applicant has not provided any evidence showing she did not receive counseling onthe transfer of Post-9/11 education benefits. Any member of the ArmedForces, active duty or Selected Reserves, officer, or enlisted, on or after 1 August 2009, who is eligible for...
AF | BCMR | CY2010 | BC-2010-01291
________________________________________________________________ THE APPLICANT CONTENDS THAT: He was provided incomplete and incorrect information about enrollment in the new Post 9/11 GI Bill and transferring his education benefits to his dependents. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant indicates that he was aware of the TEBs requirement to transfer...
AF | BCMR | CY2013 | BC 2013 03316
At the time, there was no indication of any other required steps to complete. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 10 Jul 2009, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents. Exhibit C. Letter,...
AF | BCMR | CY2013 | BC 2013 04869
In many cases, the AFPC advisory opinions for those cases use words that match the verbiage in the AFPC advisory opinion on his case. He visited the Air Force Education Center in person to complete the transfer application. He believes the procedures regarding how members transfer benefits have changed from the date he executed his transfer in November 2010.