Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01858
Original file (BC-2012-01858.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01858 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Transfer of Education Benefits (TEB) application be 
approved. 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He inquired about transferring his Post 9/11 education benefits 
back in the summer of 2009. At that time he was told he was 
eligible for 70 percent. His wife submitted the paperwork 
approximately two weeks after he retired. They never received a 
written response of benefits eligibility so he decided to call. 
He was verbally informed that because he was retired, he was no 
longer eligible to transfer his education benefits. He was two 
weeks into retirement and had no idea that he had to file the 
paperwork before he retired. He would greatly appreciate all 
help in this matter. 

 

In support of his request, the applicant provides a personal 
statement and a copy of an AFRC/CC memorandum with subject; 
emphasis of Post 9/11 GI Bill transferability provisions at 
coming unit training assembly (UTA). 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 10 December 2009, the applicant was assigned to the HQ ARPC 
Retired Reserve section and placed on the Retired Reserve List 
awaiting retirement at age 60 (13 August 2031). 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/A1K recommends denial. A1K states, the Air Force Reserve 
Command, in implementing its guidance, developed a communication 
plan that utilized the Air Reserve Personnel Center and 
education and training offices at each installation to serve as 


spokespersons to effectively communicate the Post 9/11 GI Bill 
transfer-to-dependent program using internal media, 
communication tools and external publications. All Department 
of Defense (DoD) requests and transactions for transfer of 
benefits must be completed through the Transferability of 
Educational Benefits (TEB) web application. 

 

Every effort was made by DoD, the Department of Veterans Affairs 
(VA), and the services to make sure that every eligible service 
member understood the process for transferring benefits. The VA 
did not have its final rules and regulations published until 
31 March 2009. While the rules and regulations were being 
formulated, DoD and the services were busy trying to build an 
infrastructure that could transmit the transfer of benefit data 
between DoD and the VA. In the haste to implement the transfer 
of benefits there was a lot of misrepresented information. Many 
service members were led to believe that the law only required 
that one be serving on active duty on 1 August 2009. For this 
reason, many individuals were planning and adjusting their 
retirement dates so that they were on active duty on 1 August 
2009. As the effective date of the program got closer, the 
rules of engagement became clearer. 

 

Based on the legislative provisions of Title 38, U.S.C., chapter 
33, section 3319(f) (1) which states in part, “an individual…may 
transfer such entitlement only while serving as a member of the 
armed forces when the transfer is executed”, they recommend 
disapproval of the applicant’s request. 

 

The complete AFRC/A1K evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 20 June 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). To date, this office has not received a 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. After a thorough 
review of the evidence of record and applicant's submission, we 
believe that relief is not warranted in this case. Therefore, 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. In view of the above and 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-2012-01858 in Executive Session on 8 January 2013, 
under the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 11 April 2012, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, AFRC/A1K, dated 14 June 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 20 June 2012. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-04745

    Original file (BC-2012-04745.txt) Auto-classification: Approved

    Due to the limited time between implementation of the Post-9/11 GI Bill TEB on 1 August 2009 and his retirement on 1 September 2009, he was not afforded sufficient information or opportunity to apply for and receive a Certificate of Eligibility and request transfer of benefits to his dependents. The complete AFRC/A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his response, the applicant states...

  • AF | BCMR | CY2012 | BC-2012-01502

    Original file (BC-2012-01502.txt) Auto-classification: Approved

    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 4 additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). After a thorough review of the evidence of record and in light of the...

  • AF | BCMR | CY2013 | BC-2013-01386

    Original file (BC-2013-01386.txt) Auto-classification: Approved

    He read in the Air Force Times that individuals in similar situations were applying to the Board to have their records corrected. While we note the actions the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not timely made aware of his eligibility for TEB and the steps necessary to transfer his benefits to his dependents prior to his retirement. ...

  • AF | BCMR | CY2013 | BC-2013-01354

    Original file (BC-2013-01354.txt) Auto-classification: Denied

    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...

  • AF | BCMR | CY2012 | BC-2012-05625

    Original file (BC-2012-05625.txt) Auto-classification: Denied

    ________________________________________________________________ _ STATEMENT OF FACTS: On 10 December 2004, the applicant was honorably released from active duty and transferred to the Air Force Reserve. Title 38 of the United States Code mandates a service member to complete six years of satisfactory service and the member must also agree to serve four additional years in the Selected Reserve when transferring benefits to their dependents. After a thorough review of the evidence of record...

  • AF | BCMR | CY2010 | BC-2010-00917

    Original file (BC-2010-00917.txt) Auto-classification: Approved

    Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and: • Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. 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....

  • AF | BCMR | CY2010 | BC-2010-03998

    Original file (BC-2010-03998.txt) Auto-classification: Approved

    The complete AFRC/A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was not provided the necessary information regarding the transfer of benefits to a dependent prior to his retirement. While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant,...

  • AF | BCMR | CY2012 | BC-2012-02542

    Original file (BC-2012-02542.txt) Auto-classification: Denied

    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 that the applicant has not been the victim of an error or injustice. ________________________________________________________________ _ The following members of the Board considered Docket Number BC-2012-02542 in Executive Session on 8 Jan 13,...

  • AF | BCMR | CY2011 | BC-2011-04352

    Original file (BC-2011-04352.txt) Auto-classification: Approved

    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 | CY2012 | BC-2012-02806

    Original file (BC-2012-02806.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02806 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 September 2012, a copy of...