RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00444
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While deployed to Iraq he was miscounseled regarding transferring
Post 9/11 GI Bill benefits to his dependents while on active
duty. He also states that he was told he could transfer the
benefits without incurring an active duty service commitment
(ADSC). When he submitted his application it was denied because
he had an approved retirement date and could not accept the one-
year ADSC. He being deployed restricted his options for access
to the correct information regarding transferring Post 9/11 GI
Bill benefits.
In support of his appeal, the applicant provides a copy of his
transfer request.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 Feb 11.
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 Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA recommends denial, indicating there is no evidence of an
error or injustice. Service members who have 20 years of service
as of 1 Aug 09 or had an approved retirement date after 1 Aug 09
and before 1 Jul 10 were not required to incur an active duty
service commitment to be eligible to transfer to their benefits
to their eligible dependents. The applicant stated he was
advised by the MPF that he could transfer benefits and not incur
an additional service commitment; however, he has not provided
any evidence to support his assertion, which contradicts the
published program information indicating the service member had
to have completed 20 years of service as of 1 Aug 09 in order to
transfer benefits without incurring an additional service
commitment. The applicant further contends his being deployed
severely restricted him from accessing the correct information
regarding the transfer of benefits. However, the applicant had
options available to him to access the information for
transferring benefits. This information was published on
Department of Defense (DOD) and Air Force websites and service
members could access the Internet from their government work
stations, internet cafes on base, or a wireless service provider.
The complete AF/A1PA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that he had very limited access to the
correct information due to being deployed to Iraq. He was
deployed to small outposts working long hours and traveling by
convoy; as such, his access was limited to internet cafés and
government work stations--he had no wireless internet provider.
When he did manage to inquire about the program, he was advised
that he would not require a service commitment if he entered
active duty prior to August 1990. Even after he returned from
his deployment he was told he could transfer benefits without
incurring a service commitment based on his date of entry onto
active duty.
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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we are not persuaded that relief is
warranted in this case. In that regard, although we have
determined in other cases of this type that relief was warranted,
our decision was based on giving applicants the benefit of the
doubt that they were not properly counseled and informed
regarding the rules for transferring benefits during the Air
Forces implementation of the program. However, in our view,
this was over a limited period culminating with issuance of
updated instructions in November 2009. We note the applicant
retired effective 1 Feb 11 and we do not find the evidence
submitted sufficiently explains why he was not aware of the
actions necessary to transfer his benefits. Therefore, in view
of the above and in the absence of evidence to the contrary, we
find no basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2011-00444 in Executive Session on 25 Aug 11 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00444 was considered:
Exhibit A. DD Form 149, dated 27 Jan 11, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 8 Apr 11.
Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11.
Exhibit E. Letter, Applicant, dated 9 Jun 11.
Panel Chair
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