RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02704
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-911 GI Bill benefits to her
dependent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She applied for the Transfer of Education Benefits (TEB) on-line
on 12 May 09. A representative from ARPC assisted her in
transferring her benefits. The representative indicated that
once she applied for the TEB, nothing further needed to be done.
On 28 Oct 09, she received approval from the Department of
Veterans Affairs (DVA) that approved 26 months and 5 days of TEB.
However, when her son filled out and submitted the paperwork, he
was denied benefits based on the fact the DVA did not have any
evidence that she had accomplished the transfer via the TEB
website. After researching the TEB website, she found her
dependent was not listed. The DVA informed her that the TEB had
to be accomplished prior to her retirement date. She believed
all actions that needed to be accomplished were done before as
noted by the DVA letter dated 28 Oct 09. She respectfully
requests her application be approved.
In support of her request, the applicant provides copies of her
Department of Veterans Affairs (DVA) letters.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 2 Nov 96 and
was progressively promoted to the grade of senior master sergeant
(E-8), having assumed that grade effective and with a date of
rank of 1 Jan 02. She retired on 31 Jan 11 after serving
22 years and 8 months on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTTE recommends denial. DPTTE states the program became
effective 1 Aug 09. By 1 Jul 09, ARPC had instructions for
members available on the Education page of their website.
Additionally, numerous articles could be found in any military
related publication. The commander sent out an e-mail to every
participating Air Force reservists with their process checklist
attached. The requirement to transfer the Post 9/11 GI Bill
before retirement is part of the retirement application
checklist. Therefore, it was incumbent on the member to be sure
that time sensitive issues were accomplished prior to the
retirement date.
The ARPC/DPTTE complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by stating that ARPC stopped sending her
information when she became an Active Guard and Reserve (AGR) in
1996. She received her information from active duty
organizations or various other organizations when she solicited
such information. She provides her retirement paperwork to
include several checklists that do not indicate anything about
the TEB. She feels that she made every effort to ensure the
transfer took place; however, it did not. Due to APRC providing
inaccurate information to her regarding the TEB, she believes
that she has been wrongfully denied the ability to transfer her
benefits to her son.
The applicants complete n, 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 Air Reserve Personnel Centers recommendation, we are
inclined to believe the applicant took what she understood to be
the appropriate steps to transfer her benefits to her dependents.
We are aware that there were problems during the initial
implementation of the program allowing members to transfer their
benefits. In addition we find no basis to question the
applicant's account in this matter and do not find it reasonable
she would have deliberately failed to take the necessary actions
to transfer her benefits to her dependent. Therefore, we elect
to resolve any doubt we might have in this matter in behalf of
the applicant and recommend her records be corrected as indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 31 May 09, she
elected to transfer her Post 9/11 GI Bill Educational Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02704 in Executive Session on 10 Nov 11, under the
provisions of AFI 36-3003:
, 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 21 Jul 11, w/atchs.
Exhibit B. Letter, HQ ARPC/DPTTE, dated 10 Aug 11.
Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11.
Exhibit D. Letter, Applicant, 6 Sep 11, w/atchs.
Panel Chair
AFBCMR BC-2011-02704
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code, it is directed that:
The pertinent military records of the Department of the Air Force relating to the
APPLICANT be corrected to show that on 31 May 09, she elected to transfer her Post 9/11 GI
Bill Educational Benefits.
Director
Air Force Review Boards Agency
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