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 applicants 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 applicants 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. Applicants Master Personnel Record.
Exhibit C. Letter, AFRC/A1K, dated 14 June 2012.
Exhibit D. Letter, SAF/MRBR, dated 20 June 2012.
Panel Chair
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