RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00066
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be corrected to reflect that she transferred her
Post-9/11 GI Bill benefits to her daughter, effective Feb 10,
instead of Jul 10.
________________________________________________________________
APPLICANT CONTENDS THAT:
She intended to transfer some of her benefits to her daughter to
attend college in Feb 10, but was unable to access the Air Force
Portal sites to complete the transfer. When she finally
accessed the site, she was unable to make the transfer to her
daughter as she was not enrolled as an authorized beneficiary.
By the time all the appropriate steps were accomplished, it was
Jul 10 before she was able to make the transfer, and she was not
allowed to adjust the effective date to coincide with the date
her daughter began her course of instruction. In retrospect,
the process was not clear and there was confusion on multiple
ends.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she served
in the Regular Air Force in the grade of master sergeant (E-7)
and was retired for length of service on 1 Apr 11 and was
credited with 25 years, 1 month, and 27 days of total active
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 attached at Exhibits C.
________________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA recommends denial, indicating there is no evidence of an
error or injustice. While it is unfortunate the applicant
advised her daughter to begin classes before she had an approved
transfer of benefits, there are no stated or implied provisions
in statute, code, DoD guidance, or Air Force instruction which
indicates that a member can enroll their dependents in college
and expect retroactive benefits if the dependent begins classes
before benefits are transferred and the required Department of
Veterans Affairs (DVA) eligibility certificates are obtained.
A complete copy of the AF/A1PA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends that a series of unrelated events
precluded her from making a timely transfer of benefits. She
was tasked with a short-notice temporary duty (TDY) assignment,
Mar Jun 09, and was subsequently deployed overseas for an
operational deployment in Aug 09. While deployed, she learned
of her teen daughters unexpected pregnancy. She returned from
deployment in Jan 10, just in time to see the birth of her
granddaughter. With the negative connotations of another teen
pregnancy looming, she was excited at the prospect of her
daughters interest in attending college and told her to go for
it. She believed at that time, that she would have been able
to accomplish all that needed to be done to transfer her
benefits to her daughter in time and did not want to discourage
her enthusiasm to make better of herself. The fact that her
former husband was her daughters sponsor in the Defense
Eligibility/Enrollment and Reporting System (DEERS) created a
lot of strife and also served to exacerbate the situation.
During this time, she was also going through a divorce which
became final in Dec 2010. In support of her response, the
applicant provides an expanded statement and copies of her TDY
orders, Contingency/Exercise/Deployment (CED) orders, her
granddaughters birth certificate, and documentation related to
her divorce.
A complete copy of the applicants response, with attachments,
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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission, including her
response to the Air Force evaluation, 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 that the applicant has
not been the victim of an error or injustice. We note the
applicants assertions on rebuttal that a series of unrelated
events precluded her from taking timely action to initiate the
transfer of benefits; however, she has provided no evidence that
her decision to allow her daughter to enroll in a course of
instruction before taking action to transfer her educational
benefits constitutes an error on the part of the Air Force or an
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicants 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 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-2011-00066 in Executive Session on 29 Jul 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00066 was considered:
Exhibit A. DD Form 149, dated 27 Dec 10.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 3 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11.
Exhibit E. Letter, Applicant, undated, w/atchs.
Panel Chair
AF | BCMR | CY2011 | BC-2011-01722
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01722 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. 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 GI Bill, has at least 6...
AF | BCMR | CY2011 | BC-2011-01600
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01600 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her record be corrected to reflect she transferred her Post-9/11 GI Bill benefits to her dependents. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is...
AF | BCMR | CY2011 | BC-2011-00707
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00707 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependents. She was told by a VA GI Bill customer service representative that the transfer of benefits must be done while she was still on active duty and must be completed on the...
AF | BCMR | CY2011 | BC-2011-02291
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02291 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. A1PA reviewed the DMDCs TEB database that confirmed the applicant did not apply to transfer his benefits before his 1 Dec 10 retirement. To date, a response has not been...
AF | BCMR | CY2011 | BC-2011-01168
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, 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 a specified additional period in the Armed Forces from the date of election. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA states if the Board finds there...
AF | BCMR | CY2013 | BC 2013 03022
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03022 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed $1,293.13 to offset Temporary Lodging Expenses (TLE) incurred with her Permanent Change of Station (PCS) assignment to Ramstein Air Base (AB), Germany. A request was submitted to the Secretary of the Air Force Financial...
AF | BCMR | CY2011 | BC-2011-01624
The briefing was standardized across the Air Force in late 2009 and contains the basic information about the program and includes the requirement to be on active duty to transfer benefits. 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 that the applicant has not been the victim of an error or...
AF | BCMR | CY2011 | BC-2011-00820
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00820 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he transferred his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: The requirement to be on active duty to execute the transfer...
AF | BCMR | CY2011 | BC-2011-01337
The applicant was not denied the opportunity to transfer benefits while on active duty, and he provided no evidence to support governmental injustice or error. Had he been counseled or warned, he would have made sure benefits were transferred before retiring from active duty. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
AF | BCMR | CY2011 | BC-2011-00467
A1PA states the applicant TEB information reflects that he transferred 24 months of benefits to one of his children prior to the effective date of his retirement, but did not transfer any benefits to other family members before the retirement date. The HQ USAF/A1PA complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant stated the pre-separation counseling occurred prior to 1 Aug 09...