RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04008
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill benefits to her
stepson.
________________________________________________________________
APPLICANT CONTENDS THAT:
After retiring on 1 September 2010, she called to have her GI
Bill benefits transferred to her stepson. During that call, she
was told that it was too late and that the transfer had to be
done while she was still active duty. She attended the
Transition Assistance Program (TAP) seminar at Buckley AFB, but
does not recall being told the transfer had to occur while she
was still active duty.
The applicant submits no supporting documentation.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 1 September 2010 in
the grade of master sergeant/E7.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. Title 38 U.S.C 3323(b)(1) and (2)
required the Secretary to provide members information on the
Post-9/11 GI Bill and required the Military Departments to
provide and document individuals pre-separation or release from
active duty counseling on the Post-9/11 GI Bill.
The Department of Veterans Affairs, Department of Defense and
the Military Services widely publicized the Post-9/11 GI Bill
and the transferability feature of this specially developed
website to facilitate the transfer of educational benefits
(TEB). The system was available on 27 June 2009 for the purpose
of transferring benefits. The Directive Type Memo and the Air
Force Instruction required the transfer application to be made
using the TEB website. Members may have had the impression that
being active duty on the effective date of the law was
sufficient to vest them with the right to transfer benefits at
some point in the future.
The applicant attended the TAP seminar on 22 January 2009 and
indicated on her Pre-Separation checklist she desired GI Bill
education counseling. While attending the second TAP seminar on
3 May 2010, she elected to not receive an additional education
briefing. The Education Servicing Officer (ESO) from Buckley
was contacted and stated that Post-9/11 GI Bill events take
place on a regular basis: Bi-monthly briefings are given at the
base theater, e-pamphlets are sent to units on base, base-wide
briefings are conducted by the regional VA reps, briefings at
TAP and briefings at the SNCO Enhancement seminar.
Additionally, the applicant was given literature and received a
briefing about the Post-9/11 GI Bill at both TAP seminars.
There was no error or injustice on the part of the Air Force.
The complete DPSIT 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 13 January 2012, for review and comment within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
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. 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 that the
applicant was not denied the opportunity to transfer her
benefits and she has not provided evidence that she was
miscounseled. Therefore, 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 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 AFBCMR Docket
Number BC-2011-04008 in Executive Session on 3 April 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Oct 11.
Exhibit B. Letter, AFPC/DPSIT, dated 28 Dec 11.
Exhibit C. Letter, SAF/MRBR, dated 13 Jan 12.
Panel Chair
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