RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02762
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His understanding of the process was very limited and he
received little to no assistance from the National Guard Bureau
(NGB) representatives. He was led to believe that he would
receive information on the Transfer of Education Benefits (TEB)
from the Department of Veterans Affairs (DVA) and at that time
would be able to update his benefits for his dependents. He
contacted the DVA and they recommended he contact the
representative from NGB for resolution.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 3 Sep 02 release from
active duty; deployment orders; email correspondence; extracts
from his TEB application, and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was placed on the USAF Retired List, effective
15 Feb 11, and was credited with 36 years, 2 months, and 21 days
of satisfactory Federal service towards retirement.
Post-9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve (SelRes), officer or enlisted) on or after
1 Aug 09, 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 a specified additional
period in the Armed Forces from the date of election.
Has at least 10 years of service in the Armed Forces
(active duty and/or SelRes on the date of election, is
precluded by either standard policy (service or Department
of Defense (DoD)) or statute from committing to
four additional years, and agrees to serve for the
maximum amount of time allowed by such policy or
statute, or
Is or becomes retirement eligible during the period from
1 Aug 09 through 1 Aug 13. A service member is considered
to be retirement eligible if he or she has completed
20 years of active duty or 20 qualifying years of reserve
service.
For those individuals eligible for retirement on
1 Aug 09, no additional service is required.
For those individuals who have an approved retirement
date after 1 Aug 09, and before 1 Jul 10, no additional
service is required.
For those individuals eligible for retirement after
1 Aug 09, and before 1 Aug 10, 1 year of additional
service after approval of transfer is required.
For those individuals eligible for retirement on or
after 1 Aug 10, and before 1 Aug 11, 2 years of
additional service after approval of transfer are
required.
For those individuals eligible for retirement on or
after 1 Aug 11, and before 1 Aug 12, 3 years of
additional service after approval of transfer are
required.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS indicates that if the applicant can provide proof that
he attempted to change his daughter's status in DEERS prior to
retirement that relief should be granted or if he cannot provide
the needed proof, they recommend deny.
The Air Force, in implementing its guidance, developed a
communication plan that used the Air Force Personnel Center
Commander and the Education and Training Section at each
installation to serve as spokespersons to communicate the Post-
9/11 GI Bill transfer-to-dependent program using internal media,
internal communication tools, and external trade publications.
There were various news articles about the Post-9/11 GI Bill to
be eligible to transfer benefits.
The Department of Veterans Affairs (DVA), the DoD and the
Military Services widely publicized the Post-9/11 GI Bill and
the transferability feature. DoD developed a special website,
hosted by Defense Manpower Data Center (DMDC), to facilitate the
transfer of educational benefits. The website system was
operational on 27 June 2009 for the purpose of accepting
transfer of benefits applications. The Directive Type Memo
(DTM) and Air Force Instruction state the transfer must be made
while the member is serving in the Armed Forces. Both documents
were published on government-hosted websites prior to 1 Aug 09,
the effective date of the Post-9/11 GI Bill.
NGB/RSR contacted the Retention Office Manager (ROM) of the
applicants former wing, to obtain additional information. The
ROM stated on 02 Dec 10 the applicant came in for an out-
processing briefing, due to mandatory retirement for reaching
age 60. During the briefing, they discussed the process for
transferring his Post 9/11 GI Bill benefits to his daughter.
The ROM asked him if his daughter was under the age of 21, and
enrolled in DEERS. He stated she was. Due to the short
timeframe before his retirement, the ROM had the applicant
complete the Post 9/11 GI Bill Statement of Understanding (SOU),
prior to completing the TEB request, which states members are
responsible for ensuring their dependents are registered in
DEERS. The ROM further stated the applicant returned to his
office prior to his retirement, in February 2011, because he was
unable to transfer his benefits to his daughter. They found
this was because his daughter was actually age 22 yrs. The ROM
explained children drop out of DEERS as dependents when they
reach the age of 21 yrs, if they are not full-time college
students, and therefore are not eligible for the transfer of
Post 9/11 GI Bill benefits. It cannot be determined if the
applicant ever attempted to have his daughter registered back in
DEERS.
If he can provide documentation showing he attempted to change
his daughter's status in DEERs prior to retiring and the Board
finds there was injustice, NGB/RS recommends approval of his
eligibility to transfer his Post 9/11 GJ Bill education benefits
to his dependent.
The complete NGB/A1PS evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Sep 11 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 error or injustice regarding the
applicants Transfer of Educational Benefits. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Based on the
available evidence presented, the applicant was asked to provide
additional documentation showing that he attempted to change his
daughters status in the Defense Enrollment Eligibility
Reporting System (DEERS). Should the applicant provide the
requested information, we would be inclined to reconsider his
request. 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 in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2011-02762 in Executive Session on 15 May 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 15 Sep 11, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 23 Sep 11.
Panel Chair
AF | BCMR | CY2012 | BC 2012 01270
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01270 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. He requests that the TEB be corrected to reflect his daughter and the 18 months of VA benefits he allocated to her in Aug 2009. He retired in Jun 2011 and submitted his...
AF | BCMR | CY2013 | BC-2012-01346
The complete NGB/A1PS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In an undated letter the applicant responds that he is submitting the letter to provide further explanation of his request to accomplish the Post 9/11 TEB. We note the Air Force office of primary responsibility recommends approval if the Board finds an injustice. However, based on the applicant's complete submission, we find no...
AF | BCMR | CY2012 | BC-2012-01868
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01868 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be authorized to transfer his Post 9/11 GI Bill Education Benefits to his spouse. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses...
AF | BCMR | CY2012 | BC-2012-02236
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02236 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. Therefore, he never received the Post 9/11 GI Bill separation counseling regarding the requirement to submit the Transfer of Education Benefits (TEB) request before his...
AF | BCMR | CY2012 | BC-2012-02744
The remaining relevant facts pertaining to this application, extracted from the applicants military personnel records are contained in the letter prepared by the appropriate office of the Air National Guard at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1YR recommends approval if the Board finds there is an injustice. The complete NGB/A1YR evaluation is at Exhibit C. NGB/A1PS states they concur with the NGB/A1YR advisory. In this...
AF | BCMR | CY2012 | BC-2012-00672
DOCKET NUMBER: BC-2012-00672 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the Post 9/11 GI Bill educational benefits. As of this date, no response has been received by this office (Exhibit D). Therefore, we recommend the applicant’s record be corrected as indicated below.
AF | BCMR | CY2012 | BC-2012-01867
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01867 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be authorized to transfer his Post-9/11 GI Bill Educational Benefits from one of his dependents to another. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits...
AF | BCMR | CY2014 | BC 2014 02569
APPLICANT CONTENDS THAT: Prior to his retirement in Sept 09 he submitted a request online through his personnel office to transfer his Post 9/11-GI Bill Education Benefits to his children. The applicant states, that the OPR is correct in that he was briefed on the Post 9/11-GI Bill and the process to transfer his educational benefits. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 Sep 09, he...
AF | BCMR | CY2012 | BC-2012-00707
On 7 Nov 2011 the DVA sent a letter that restored his education benefits. The complete A1YR evaluation is at Exhibit C. NGB/A1PS concurs with A1YR and recommends approval of the applicant’s request to change his eligibility to transfer his Post 9/11 GI Bill benefits to his dependent. 3 ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that...
AF | BCMR | CY2014 | BC 2014 01110
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01110 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to show he transferred at least one month of his Post-9/11 GI Bill Education Benefits (TEB) to his daughter while on active duty. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR),...