RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04281
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill benefits to her
son.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She submitted a request to transfer education benefits to her
son; she was informed her request was incomplete, but was never
advised that further action was required. She was further
informed that due to her pending retirement she could not
resubmit her request.
In support of her request, the applicant provides a copies of
documents extracted from military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 Feb 12.
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:
AFPC/DPSIT recommends denial noting the applicant failed to
complete the process to transfer benefits while she had
sufficient retainability to do so. The applicant states she was
TDY during this time, but this is not a true statement as noted
in her Air Force Automated Education Management System (AFAEMS)
records. The applicant was counseled on 15 Feb 11 regarding the
transfer of education benefits. The counselor showed the
applicant the website, how to navigate it, and gave her an
informational brochure. On 2 Mar 11, she initiated the process
of the TEB by going onto the TEB website as noted in email
correspondence that was sent to the applicant. The noted traffic
clearly stated how and what to do to process the application for
transfer. However, the applicant failed to sign the required
Statement of Understanding (SOU). There has been no injustice to
the extent the applicant did not receive adequate counseling as
required by law and DoD regulation.
Under Title 38 United States Code (USC), Chapter 33, service
members are allowed to transfer unused educational benefits to
their dependent spouses and children. Any member of the Armed
Forces, active duty or Selected Reserve, on or after 1 Aug 09,
who is eligible for the Post-9/11 GI bill, has at least six years
of service in the Armed Forces on the date of election, and
agrees to serve a specified additional period of service from the
date of election, may transfer unused Post-9/11 GI Bill benefits
to their dependents. The Air Force, in implementing its
guidance, developed a communication plan that used the Air Force
Personnel Center Commander and the Education and Training
Sections at each installation to serve as spokespersons to
communicate the Post-9/11 GI Bill transfer-to-dependent program
using internal media and communication tools, and external trade
publications. There were various news articles about the Post-
9/11 GI Bill; most noted the requirement to be on duty on the
1 Aug 09 effective date to be eligible to transfer benefits.
Some articles mentioned that service members on active duty or in
the selected reserve could 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 Jun 09 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.
The complete AFPC/DPSIT evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 16 Dec 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 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 the
applicant has not been the victim of an error or injustice.
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 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-2011-04281 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04281 was considered:
Exhibit A. DD Form 149, dated 19 Aug 11.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 28 Nov 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11.
Panel Chair
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