RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01894
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:
He applied for the transfer of education benefits (TEB) in August
2009, which gave him a service commitment to August 2012, which
he accepted. He was never notified of a declination or that he
needed to supply additional paperwork. He thought the service
commitment was automatic through the virtual military personnel
flight (VMPF).
He may have missed notification regarding TEB due to his
attending predeployment training, being on leave and being
deployed.
He would like to extend his service commitment until August 2010
to allow the of transfer education benefits to the dependents.
In support of his request, the applicant provided 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 currently serving on active duty in the grade of
master sergeant.
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:
HQ USAF/A1PA recommends denial, indicating the applicant had
ample to time to complete the application process and verify the
transfer process has been completed. The applicant applied to
transfer education benefits on 12 August 2009. He retrieved the
Statement of Understanding (SOU), completed it and uploaded it to
the AFPC website. The AFPC Service Center acknowledged receipt
of the SOU and advised the applicant he needed to complete an
extension or reenlistment to obtain a service commitment. It was
noted that failure to submit the required documentation would
result in disapproval of the application to transfer education
benefits. AFPC notified the applicant on 13 October 2009 that
his TEB application was cancelled because he failed to obtain the
required retainability to fulfill the service commitment. The
applicant again applied to transfer education benefits on 21
October 2011; however, his application expired because he did not
complete the retainability requirements.
The complete HQ USAF/A1PA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 15 July 2011 for review and comment within 30 days. As of
this date, no response has been received by this office
(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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted. However, we do not find the
applicants assertions and the documentation presented in support
of his appeal sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility.
Therefore, we agree with the recommendation of the Air Force OPR
and adopt its rationale as the basis for our decision the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. 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-2011-01894 in Executive Session on 10 November 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 May 11, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 27 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11.
Panel Chair
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...
AF | BCMR | CY2010 | BC-2010-00682
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, and: Has at least six (6) years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled...
AF | BCMR | CY2010 | BC-2010-01151
The complete AFPC/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: At the time he began terminal leave, the Air Force had not published policy on TEBs to dependents. However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have...
AF | BCMR | CY2010 | BC-2010-00880
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 transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 Aug 09 and there would be no need to place the member on active duty since the TEB system allows for correction of the record by Air...
AF | BCMR | CY2010 | BC-2010-00454
_________________________________________________________________ APPLICANT CONTENDS THAT: He was advised during his retirement out-processing that all he needed to do was complete the required forms to transfer his GI benefits to his dependents before he retired. The transfer date could be effective as early as 1 August 2009 and there would be no need to place the member on active duty since the TEB system allows for correction of the record by Air Force personnel. The complete HQ...
AF | BCMR | CY2010 | BC-2010-01175
However, the Board could find that there was an injustice if the members were on active duty on 1 August 2009, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 August 2009 and there would be no need to place the member on active duty since the TEB system allows for correction of the record...
AF | BCMR | CY2010 | BC-2010-01072
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, 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 4 additional years in the Armed Forces from the date of election. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared...
AF | BCMR | CY2011 | BC-2011-01533
All paperwork was completed and approved on or about 13 Apr 10. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial. However, based on his own statement, even if he had been successful and the application had been approved, he intentionally did not include his oldest son in his initial transfer attempt.
AF | BCMR | CY2010 | BC-2010-01180
A1PA states that members may have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 Aug 09, was sufficient to vest them with the right to transfer benefits at some time in the future. 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 transfer while serving in the Armed Forces, and did not have ready access to...
AF | BCMR | CY2010 | BC-2010-01234
DPSIT states 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 and has at least six years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9-11/GI benefits to their dependents. However, the Board could find that there was an injustice if the members were on active duty...