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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While he was still on active duty he requested assistance and
instructions from the Barksdale AFB Education Office related to
the Post-9/11 GI Bill transfer of benefits application process.
He was guided to the Department of Veterans Affairs (DVA) website
where he filled out the appropriate paperwork for eligibility and
transfer. He submitted a transfer of benefits application and
received confirmation a few weeks later from the DVA that said he
was eligible for benefits.
He was offered no briefings nor was he counseled that he needed
to apply through a Department of Defense (DoD) website in order
to transfer his Post-9/11 GI Bill benefits. It was not until his
daughter enrolled at the Art Institute of Las Vegas and financial
aid was denied that he discovered his benefits had not been
transferred to her.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of master sergeant effective
1 Dec 10 after serving 21 years on active duty.
Additional relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial. A1PA states the applicant had
access and the opportunity to ensure he correctly transferred his
benefits to his daughter before his 1 Dec 10 retirement date.
A review of the applicants Preseparation Counseling Checklist
reflects he was briefed about the Post-9/11 GI Bill and was
referred to the Barksdale Base Education Services office for one-
on-one educational counseling. Based on education office records
he did not take advantage of this opportunity. The Barksdale
Education office also advised that they provided mass Post-9/11
GI Bill Educational Benefits briefings for the base-wide
population during the summer of 2009, but attendance was not
mandatory and they did not keep attendance records.
The applicant states he logged onto the DVA website not the
Defense Manpower Data Center (DMDC) Transfer of Educational
Benefits (TEB) website. A1PA reviewed the DMDCs TEB database
that confirmed the applicant did not apply to transfer his
benefits before his 1 Dec 10 retirement. Additionally, the DVA
website does not have an application venue to transfer Post-9/11
GI Bill benefits. Therefore, he could not have applied to
transfer his benefits to his daughter through the DVA website.
The only method for transferring benefits was through the DMDC
TEB site. It is surmised that he applied for his own Certificate
of Eligibility and that is the confirmation he received a few
weeks later.
The applicant did not take the required actions to transfer his
benefits. This is not an error on the part of the Air Force. If
the applicant had taken advantage of the mass briefings provided
or the one-on-one counseling available he could have averted this
unfortunate situation.
The complete A1PA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 Aug 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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 error or injustice. After a
thorough review of the evidence of record and the applicants
submission, we are not persuaded the applicant has been the
victim of an error or injustice. The applicants contentions are
duly noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility (OPR).
While the applicant indicates he was not aware of the requirement
to make his transferability election prior to retirement, it
appears the Air Force made every reasonable effort to ensure the
information was available to the member prior to his retirement.
Therefore, we agree with the opinion and recommendation of the
Air Force OPR and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error
or injustice. In the absence of evidence to the contrary, we
find no basis to recommend favorable consideration of his
request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 Docket Number
BC-2011-02291 in Executive Session on 12 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jun 11.
Exhibit B. Letter, HQ USAF/A1PA, dated 22 Jul 11.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 11.
Panel Chair
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