RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04352
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:
Prior to his retirement, he handcarried the necessary paperwork
to transfer education benefits (TEB) to his dependents to the
base education office and was ensured the request would be
processed. However, when he inquired about the status of the
TEB, he was informed there was no record of his submission.
In support of his request, the applicant provides copies of a
variety of documents related to his processing through the
disability evaluation system (DES) and his disability retirement.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Air Force Reserve member who was
permanently retired for physical disability on 24 Sep 10, with a
50 percent disability rating.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which are attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPTT recommends denial noting the applicant failed to
transfer benefits to his dependents prior to his retirement. As
a result of Public Law No. 110-252, for the first time in
history, service members were able to transfer unused Post-9/11
GI Bill educational benefits to their dependents. The transfer
of benefits must take place while serving as member of the Armed
Forces. The Veterans Administration, Air Force and Air Force
Reserve Components, as well as other services published articles
in service related newsletters and websites explaining the
program benefits and requirements.
The Air Force Reserve, in compliance with the Air Force
Instruction 36-3206 _Air Force Guidance Memorandum 1_(AFGM1),
implemented a communication plan that employed the Air Reserve
Personnel Center (ARPC) and unit education and training offices
to convey program information locally in briefings as well as
articles in service related newsletters and multiple websites.
Also, the unit education and training offices were trained via a
Webinar session and received flyers to ensure the maximum
exposure possible. The information was made available to program
managers, Base Individual Mobilization Augmentees (BIMA)
Administrators, and Readiness Management Group. Additionally,
the Air Force Reserve Commander sent an email to all Reserve
members in November 2009, explaining the requirements and the
need to transfer the benefits while a member of the Selected
Reserve. The communiqué also provided contact information for
ARPC should the individual need additional information.
Furthermore, the communication plan was carefully implemented
because there were no provisions in the law or DoD policy for a
waiver if the service member retired without transferring
benefits.
The complete ARPC/DPTT evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He did everything he was told to transfer education benefits to
his dependents; however, through no fault of his own, his family
will lose out on an educational opportunity. In support of his
response, the applicant provides an expanded statement and copies
of his DD Forms 214, Certificate of Release or Discharge from
Active Duty, marriage certificate, and his dependents birth
certificates and Social Security cards.
The applicants complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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 error or injustice. The
recommendation by the Air Force office of primary responsibility
is duly noted, however, we find the evidence provided by the
applicant sufficient to raise doubt as to whether the failure to
effect transfer of education benefits was totally his fault. We
find the applicants account of events credible and believe there
is the strong possibility his submitted paperwork was lost. As
such, we elect to resolve any doubt in his favor. Therefore, in
the interest of equity and justice, we recommend the records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that on 23 Sep 10,
he elected to transfer his Post 9/11 GI Bill Educational
Benefits.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04352 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, 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 9 Nov 11, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ USAF/DPTT, dated 24 Jan 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12.
Exhibit E. Letter, Applicant, dated 26 Feb 12, w/atchs.
Panel Chair
AF | BCMR | CY2011 | BC-2011-04355
As of this date, this office has not received a response. ________________________________________________________________ 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. ...
AF | BCMR | CY2011 | BC-2011-02704
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. 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...
AF | BCMR | CY2012 | BC-2012-01310
________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, stating, in part, the applicant did not transfer his benefits to his dependents prior to his established retirement date as defined in Public Law No. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-01310 in Executive...
AF | BCMR | CY2014 | BC 2014 03501
For those members eligible for retirement after 1 Aug 10 and on or before 1 Aug 11, two years of additional service from the date of request is required. Based on the date he became eligible to retire, he would have incurred a two-year active duty service commitment (ADSC) obligation from the date he applied for the TEB. The applicant did not make a request for transfer prior to his retirement date of 4 May 12. THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2014 | BC 2014 02849
The applicant admits that the error was on his part, but requests that the Board adjust the date of submission to his original date of Mar 13. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit C). 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...
AF | BCMR | CY2014 | BC 2014 03578
Although he already submitted for the TEB he would have reenlisted to ensure approval of his TEB, but was precluded due to his service connected disability, which forced him to medically retire. For those members eligible for retirement after 1 August 2011, and on or before 1 August 2012, three years of additional service from the date of request is required. Based on the date he became eligible to retire, he would have incurred a 3-year active duty service commitment (ADSC) obligation on...
AF | BCMR | CY2014 | BC 2014 00764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00764 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents on 19 Dec 12. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit...
AF | BCMR | CY2013 | BC 2013 02017
Therefore, he was entitled to benefits under the Post 9/11 GI Bill program in his own right. The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends approval, indicating there is no evidence the applicant received guidance on the Post 9/11 GI Bill or instructions to...
AF | BCMR | CY2012 | BC-2012-02018
If the Board determines otherwise, he is able to provide whatever evidence is deemed necessary. The applicant did not provide any documents in support of his request. In this respect, the Air Force office of primary responsibility (OPR) has indicated that through no fault of the applicant it appears he may not have been afforded the opportunity to transfer his benefits to his dependents.
AF | BCMR | CY2014 | BC 2014 02064
In accordance with AFI 36-2306, For individuals eligible for retirement on 1 Aug 09, no additional service is required. Given that the applicant was eligible for retirement prior to 1 Aug 09, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval. Based on the applicants retirement date, he retired prior to the TEB program being established and therefore, he is not eligible to transfer benefits to his dependents. THE BOARD RECOMMENDS THAT: The...