AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01546
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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After receiving his “Certificate of Eligibility” he applied to
transfer his education benefits, but was informed that the
transfer should have occurred during his service. This
requirement is not indicated in any of the documents that he
received from the Veterans Affairs (VA) office. He had no
knowledge or understanding of this requirement and humbly
requests to be permitted to transfer this critical benefit.
In support of his request, the applicant provides a copy of his
Certificate of Eligibility.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force Reserve in the grade of
master sergeant on 5 Feb 11.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Reserve Personnel Center (ARPC), which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial stating that the Post 9/11 GI Bill,
Chapter 33, became effective 1 Aug 09 based on Post 9/11 Veteran
Education Act of 2008. The Public Law states in part, that “an
individual may transfer such entitlement only while serving as a
member of the Armed Forces when the transfer is executed.”
Further, the Air Force Reserve Command (AFRC) implemented a
communication plan that employed ARPC and unit education and
training offices to convey the program information. In addition,
the AFRC Commander sent detailed e-mail communications to all
Reserve members in Nov 09. This communication was carefully
implemented because there was no provision in the law or DoD
policy for a waiver if a member retires without transferring the
benefits.
In this case, the applicant did not transfer his education
benefits to his dependents prior to his established retirement
date as defined in Public Law.
The complete ARPC/DPTT 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 19 Jun 12 for review and comment within 30 days. 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 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 Reserve Personnel Center’s office of primary
responsibility and adopt their rationale as the basis for our
conclusion that 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 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-2012-01546 in Executive Session on 13 Nov 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 18 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
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 | 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 | CY2011 | BC-2011-04352
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 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. ...
AF | BCMR | CY2011 | BC-2011-04575
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: HQ ARPC/DPTT recommends denial of his request to transfer his Post 9/11 GI Bill benefits. DPTT states that although the applicant would have been otherwise eligible for the benefit per the Verification of Members Active Duty Service...
AF | BCMR | CY2013 | BC-2012-02411
The services failed to inform its members who were approaching retirement of the requirement to be on active duty on the 1 Aug 09 effective date of the Post-9/11 GI Bill to be eligible to transfer benefits. ________________________________________________________________ 2 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...
AF | BCMR | CY2011 | BC-2011-04096
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04096 COUNSEL: NO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2013 | BC 2013 05250
Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 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 in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). The applicant refers...
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 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...
AF | BCMR | CY2013 | BC-2013-01354
A1Y states that the applicant did not apply for the transfer of benefits via the Transfer of Education Benefits (TEB) system and there is no application on file. ________________________________________________________________ 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...