RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01531
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to apply to transfer his Post 9/11 GI Bill benefits
to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed the application to transfer education benefits via
the virtual Military Personnel Flight (vMPF), but for some
unknown reason the transfer was not accepted.
In support of his request, the applicant provides documentation
associated with his Post 9/11 application.
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 June 2010.
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 B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial, indicating there is no evidence
of an error or injustice. The applicant does not contend he was
miscounseled or unaware of the website for the transfer of
education benefits. He has not provided any documentation to
support his contentions and there is no record the website was
not properly working during the time frame in question. The
documentation submitted reflects he did log on to the website on
18 May 10; however, it also reflects zero months of benefits were
transferred to the applicants dependents.
The complete HQ USAF/A1PA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He filled out the transfer information and did not receive a
confirmation that it was accepted. When he checked the website
to ensure the benefits had been transferred, there was no record
of the transfer. He again went to the website to try and
finalize the transfer; he followed the instructions to the best
of his ability. He was not able to get a confirmation that the
transfer of benefits was accepted so he did a print screen of the
request to have some form of confirmation. He had significant
difficulties in accomplishing the request via the website. It
was his complete and full intent to transfer his education
benefits to his son.
The applicants complete response is at Exhibit D.
_________________________________________________________________
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 that through no fault of the applicant, he
was not timely made aware of his eligibility and the steps
necessary to transfer his benefits to his dependents. In
addition, we find no basis to question the applicant's account in
this matter and do not find it reasonable that he 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 issue(s)
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 the APPLICANT be corrected to show that on
31 May 2010, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01531 in Executive Session on 10 November 2011,
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 20 Apr 11, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 25 May 11.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.
Exhibit E. Letter, Applicant, dated 18 Jul 11.
Panel Chair
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He again tried to transfer the education benefits and found out that he might not be eligible to transfer the benefits. 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 B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes his application to transfer education benefits was not untimely.
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