RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01573
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to apply to transfer his Post 9/11 GI Bill benefits
to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In August 2009, he elected to change his Montgomery GI Bill
(MGIB) to the Post 9/11 GI Bill to be able to transfer education
benefits to his dependents. On 5 February 2011, he submitted an
application via the Veterans On-Line Application (VONAPP) for his
spouse to use the education benefits. On 25 March 2011, he
submitted a request for his son to use the education benefits.
However, he was subsequently notified that his applications could
not be processed due to the fact there was no record of his
education benefits being transferred to his dependents. He again
tried to transfer the education benefits and found out that he
might not be eligible to transfer the benefits. The TEB office
told him his request to transfer benefits had not taken place and
that if he had submitted his request on line that he should have
checked the system in a few days to check for the verification
letter stating the transfer was approved.
In support of his request, the applicant provides an expanded
statement and copies documentation associated with his Post 9/11
application.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 September 2009.
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. Since
the transfer of education benefits is a web based application,
the lack of a submission or confirmation should have been
sufficient notice to the applicant that his attempts to transfer
his benefits were unsuccessful. The Air Force Personnel center
examined the applicants records and noted there was no
indication of any activity in the system during the August 2009
or at any other time while he was on active duty. Furthermore,
there were no known system problems that would have caused a
transfer to be lost. The applicant has not provided any
documentation to support his contention that he successfully
transferred benefits. The applicant had the opportunity to
ensure the application to transfer benefits was processed
completely and failed to do so.
The complete HQ USAF/A1PA evaluation, with attachment, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant notes his application to transfer education
benefits was not untimely. The base education center advised all
personnel not planning to use the benefits for the fall semester
to hold off applying until mid July 2009.
He assumed his application was processed and his benefits were
transferred. He followed up as soon as he was notified the
transfer did not take place. He did not have a problem with the
system because he did not receive any type of alerts or error
message when he was submitting his application.
The applicants complete response, with attachments, 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 an 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 the evidence provided sufficient to give the
applicant the benefit of the doubt 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.
______________________________________________________________
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 August 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01573 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 19 Apr 11, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 23 May 11.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 11.
Exhibit E. Letter, Applicant, dated 4 Jul 11, w, atchs.
Acting Panel Chair
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