AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01457
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
He attempted to transfer his benefits to both of his sons before
he retired. He apparently filled out the form incorrectly or
incompletely as his youngest son was not identified to receive
any benefits. He fully intended both sons receive part of the
benefit. He learned of the mistake a year after he retired and
it took him this long to find out how to get the mistake
corrected.
In support of his request, the applicant submits VA form 21-674,
Request for Approval of School Attendance, DoD TEB Approval,
supporting letters and his Active Guard Reserve Continuation
Tour Orders.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard on 1 September
2010 in the grade of colonel.
Any member of the Armed Forces who, on or after 1 August 2009,
who is eligible for the Post-9/11 GI Bill, had at least 6 years
of service on the date of election my transfer unused Post-9/11
benefits to their dependents. Service Secretary’s were
required, as of 22 June 2009, to provide and document counseling
regarding these benefits. The Air Force issued AFGMI on 23 July
2009, which required pre-separation counseling be documented on
DD Form 2648. However, the Air Force did not seek out members
who were already on terminal leave, or had already completed
separation counseling.
AIR FORCE EVALUATION:
NGB/A1Y states the Retention Officer Manager (ROM) was contacted
and stated briefings regarding the Post 9/11 GI Bill and the
Transfer of Education Benefits (TEB) requirements were conducted
many times.
The ROM also stated the applicant came into the office to submit
his TEB request. His intent was to transfer the benefits to
both of his sons. He attempted to do so in writing. He was
given instructions on how to apply online and additional
guidance to ensure he transferred the benefits to each eligible
dependent as he could not designate new dependents to receive
the benefits after retirement.
The applicant returned to the office and informed the ROM that
he transferred the benefits to both sons. It was not until
after the applicant’s retirement that he notified the ROM only
his oldest son was showing in the system as eligible to receive
the benefit.
If the Board finds there was an injustice, A1Y recommends
approval.
The complete A1Y evaluation is at Exhibit B.
NGB/AIPS
subject
recommendation.
The complete AIPS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to the
applicant on 16 July 2012, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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 note the
Air Force office of primary responsibility recommends approval
if the Board finds an injustice. However, based on the
expert’s
matter
concurs
with
the
2
applicant’s complete submission, we do not find the evidence
submitted is sufficient to conclude the applicant has been the
victim of an error or injustice. We took note that the
Retention Officer Manager (ROM) stated that briefings regarding
the Post 9/11 GI Bill and the Transfer of Education Benefits
(TEB) requirements were conducted many times. The ROM also
stated the applicant informed him that he had transferred the
benefits to both sons. However, based on the evidence before
us, it appears the applicant failed to exercise due diligence to
insure the transfer of benefits was effected as he intended.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
___________________________________________________________________
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-2012-01457 in Executive Session on 13 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Mar 12, w/atchs.
Exhibit B. Letter, NGB/A1Y, dated 14 Jun 12.
Exhibit C. Letter, NGB/A1PS, dated 3 Jul 12,
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 12.
Panel Chair
, Panel Chair
, Member
, Member
3
AF | BCMR | CY2012 | BC-2012-03206
He would have transferred his benefits had he been informed. 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 C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial, indicating the Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. ________________________________________________________________ The following...
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 | CY2013 | BC 2013 03975
________________________________________________________________ APPLICANT CONTENDS THAT: Prior to retiring from the Air Force, he was incorrectly informed that his dependents listed in the Defense Enrollment Eligibility Reporting System (DEERS) would appear as potential Post-9/11 GI Bill beneficiaries. During the briefings, members were strongly advised to transfer at least month of benefits to all eligible dependents prior to their retirement, as dependents are ineligible to receive...
AF | BCMR | CY2012 | BC-2012-03630
The applicant's complete submission is at Exhibit A. A1Y states that the applicant did not transfer his Post-9/11 GI Bill education benefits to his dependents prior to his retirement as defined in Public Law No 110-252, nor follow the instructions given by his Force Support Squadron (FSS) for retirement out-processing. We took notice of the applicants 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 | 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 | CY2012 | BC-2012-00913
________________________________________________________________ APPLICANT CONTENDS THAT: The Post 9/11 GI Bill Transfer of Education Benefits (TEB) was not conveyed in a timely manner before his retirement date. However, based on the applicant's complete submission and his available military records, we find no evidence of an error or injustice. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented...
AF | BCMR | CY2012 | BC-2012-00547
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00547 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial. The applicant’s contentions are duly noted; however, we...
AF | BCMR | CY2013 | BC 2013 04080
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04080 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to all his dependents, not just his daughter, while on active duty. The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility (OPR),...
AF | BCMR | CY2013 | BC 2013 01282
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01282 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her dependent. However, the applicants request was for the TEB to her dependent. In this case, the applicant argues she was never briefed on the rules and regulations governing the...
AF | BCMR | CY2013 | BC-2013-00069
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 C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial, indicating there is no record or documentation showing the applicant transferred his Post 9/11 GI Bill benefits prior to his retirement. We took notice of the applicant's complete submission in judging the merits of...