education
office
and
his
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
representative,
DOCKET NUMBER: BC-2012-01350
COUNSEL: NONE
IN THE MATTER OF:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
After retiring from the Air Force he became aware that he was
required to transfer his education benefits to his dependents
prior to his retirement.
He contacted AFPC, the Department of Veterans Affairs (DVA), the
base
state
representatives. The aforementioned persons or agencies told
him there was nothing they could do to assist him in
transferring his education benefits to his dependents.
Before retiring, he attempted to transfer his Post 9/11 GI Bill
benefits. He went to the website that allows transfer of
educational benefits (TEB) and saw his family member's names and
assumed he had done everything correctly.
He began terminal leave in Mar 2010 and retired 1 Jun 2010.
After his retirement, he went to the website to transfer
benefits and realized his family member’s names were no longer
in the system. He was not briefed that he had to transfer
benefits before retiring. The newness of the process lead to
his error in the transfer of benefits to his dependents.
In support of his request, the applicant provides a copy of a
letter from his state senator.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of master sergeant (MSgt, E-
7) effective 1 Jun 2010.
2
Post 9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve, officer or enlisted) on or after 1 Aug
2009, who is eligible for the Post 9/11 GI Bill, and:
Has at least six years of service in the Armed Forces on
the date of election and agrees to serve four additional
years in the Armed Forces from the date of election.
Has at least 10 years of service in the Armed Forces
(active duty and/or selected reserve) on the date of
election, is precluded by either standard policy (service
or 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 2009, through 1 Aug 2013. 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
2009, no additional service is required.
For those individuals who have an approved retirement
date after 1 Aug 2009, and before 1 Jul 2010, no
additional service is required.
For those individuals eligible for retirement after
1 Aug 2009, and before 1 Aug 2010, one year of
additional service after approval of transfer is
required.
For those individuals eligible for retirement on or
after 1 Aug 2010, and before 1 Aug 2011, two years of
additional service after approval of transfer are
required.
For those individuals eligible for retirement on or
after 1 Aug 2011, and before 1 Aug 2012, three years
of additional service after approval of transfer
required.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant did
not provide adequate justification/documentation. He received
pre-separation counseling 2 Mar 2010 and indicated on his DD
Form 2648, Preseparation Counseling Checklist for Active
Component Service Members, that he did not want counseling for
education benefits prior to his retirement. He states that he
attempted to transfer benefits to dependents by going to the
2
website; however, he neither made the election by checking the
appropriate boxes nor did he sign the Statement of
Understanding. If he had read on the DVA website when he
switched from the Montgomery GI Bill to the Post 9/11 GI Bill,
the option to transfer to dependents was available by clicking
on the Official DoD TEB Website link (www.defense.gov). Clicking
the link would have led the applicant to the Defense Manpower
Data Center (DMDC) website to transfer benefits to his
dependents.
The complete DPSIT evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He applied for retirement in the beginning of Jan 2010. He
received notification of approval near the end of Feb 2010. Due
to his accumulation of leave, along with Permissive Temporary
Duty (PTDY), his "final out" date was set at 5 Mar 2010. The DD
Form 2648 he signed on 2 Mar 2010 was to obtain his electronic
out-processing checklist. He received his checklist on 3 Mar
2010. This gave him a day and a half to receive/complete all
his briefings, prior to his "Final out." Personnel at the
Military Personnel Flight (MPF) did not inform him of the
necessity of these briefings. He spoke to someone from the
Education Office and he left with the understanding that he
could transfer his benefits at any time after he retired. He
specifically asked if he had to complete the requirement before
retirement, and was told that he did not. He thought he had
accomplished what he needed to on the website.
His complete response 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. Insufficient relevant evidence has been presented to
demonstrate the existence of 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 (OPR) and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
While the applicant’s comments in response to the Air Force
evaluation are duly noted, we note the applicant declined
counseling for education and do not find he exercised due
diligence in transferring his benefits. Therefore, in the
4
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 Docket Number BC-
2012-01350 in Executive Session on 13 Nov 2012, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-
2012-01350:
Exhibit A. DD Form 149, dated 21 Apr 2012, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 10 May 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 2012.
Exhibit E. Letter, Applicant, dated 25 Jun 2012.
Panel Chair
4
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