RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01985
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill educational
benefits to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not counseled on the requirements to transfer at least one
month of education benefits to each dependent prior to his
retirement.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 Apr 12.
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:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. The applicant was provided adequate
information and failed to follow through with the requirement to
transfer benefits while on active duty. The applicant attended a
pre-separation briefing and indicated he did not want counseling
on education benefits concerning the GI Bill. Furthermore, the
applicant also signed up for the Transfer of Education Benefits
(TEB) on the MilConnect website, which very clearly indicates
that only those currently serving on active duty or in selected
reserve may transfer their educational benefits to their
dependents. The applicant had plenty of time from his pre-
separation briefing and his retirement to designate the number
of months for each of his dependents and effect the transfer.
His failure to act in a timely manner is not a basis for
approval on the part of the Air Force. The law governing these
benefits specifically states that an individual approved to
transfer entitlement to educational assistance under this section
may transfer such entitlement only while serving as a member of
the armed forces when the transfer is executed.
The Air Force, in implementing its guidance, developed a
communication plan that used the Air Force Personnel Center
Commander and the Education and Training Sections at each
installation to serve as spokespersons to communicate the Post-
9/11 GI Bill transfer-to-dependent program using internal media,
internal communication tools, and external trade publications.
There were various news articles about the Post-9/11 GI Bill;
most noted the requirement to be on duty on the
1 Aug 09 effective date of the Post-9/11 GI Bill to be eligible
to transfer benefits. Some articles mentioned that service
members on active duty or in the selected reserve could transfer
benefits. Notably, since 1 August 2009, the Air Force approved
over 30,000 transferability applications.
The Department of Veterans Affairs (DVA), the DoD and the
Military Services widely publicized the Post-9/11 GI Bill and the
transferability feature. DoD developed a special website, hosted
by Defense Manpower Data Center (DMDC), to facilitate the
transfer of educational benefits. The website system was
operational on 27 Jun 09 for the purpose of accepting transfer of
benefits applications. The Directive Type Memo (DTM) and Air
Force Instruction state the transfer must be made while the
member is serving in the Armed Forces. Both documents were
published on government-hosted websites prior to 1 Aug 09, the
effective date of the Post-9/11 GI Bill.
The complete AFPC/DPSIT evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He did attend the required pre-separations briefing and indicated
he did not want counseling on VA Benefits. However, he believes
this should not be optional for separating members who have
enrolled in the Post-9/11 benefit to deny counseling.
Furthermore, this line item does not state that he understood the
requirement to transfer the benefit prior to separation. He has
been in leadership positions and has on a number of occasions the
need to have subordinates actually sign and date documentation
that specifically address a particular policy or instruction.
Without such documentation he would not have been able to legally
prove their concurrence or acknowledgment. He also has had to
sign such documents, proving that he read and understood the
terms and conditions contained therein. On the DD Form 2648 he
denied counseling and should not have knowing what he knows now,
this counseling specifically addresses the requirement to
transfer benefit. He recommends that counseling on this matter
be a requirement and not an option.
In regards to the Transfer of Education Benefits (TEB) on the
MilConnect website question, he admits that he didn't read every
word; otherwise he would have taken the steps to transfer at
least one month to each of his two sons. He recommends when
service members transfer benefit, or request the transfer of
benefit that there be a line item that they, initial to indicate
they understand the limitations and responsibility to complete
the transfer prior to separation. In addition, the members must
be told that a request to transfer and subsequent approval to
transfer is not complete until they log in and actually transfer
at least one month to each dependent listed. He believes that
many members think that an approval of transfer was enough to
ensure the benefit was transferred. He argues that he was not
told to transfer the benefit prior to his retirement. He
believes there is some confusion about the request to transfer
and the actual transfer. He also contends there is no signed
documentation that specifically states he was aware of this
requirement. He is asking for the Board to rectify this
situation by approving his request to transfer one month of
benefit to each of his dependents. If his Post-9/11 benefits are
still available for him to use, he should be able to transfer it,
regardless of his status as an active duty member or retiree.
The applicants 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 an error or injustice. We took
notice of the applicant's complete submission, including his
response to the Air Force evaluation, 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 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2012-01985 in Executive Session on 11 Feb 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 12.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 21 May 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 18 Jun 12.
Exhibit E. Letter, Applicant, dated 18 Jul 12.
Panel Chair
AF | BCMR | CY2012 | BC-2012-00338
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00338 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents with an effective date of January 2010 to avoid incurring an additional active duty service commitment (ADSC). The remaining relevant facts pertaining to this...
AF | BCMR | CY2012 | BC-2012-00786
_________________________________________________________________ APPLICANT CONTENDS THAT: In 2009, he registered for Post 9/11 GI Bill education benefits with the Department of Veterans Affairs (DVA) and was led to believe that his Defense Enrollment Eligibility System (DEERS) dependents would be automatically eligible to receive the education benefits. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air...
AF | BCMR | CY2013 | BC 2012 05696
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05696 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. DPSIT states that the applicant retired effective 31 Jul 2009. ________________________________________________________________ The following members of the Board...
AF | BCMR | CY2013 | BC 2013 05700
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05700 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents while on active duty. He was presented with a message on the MilConnect website indicating his transfer request would not be final until he digitally signs an Air Force Form 4460, Post 9/11 GI Bill...
AF | BCMR | CY2011 | BC-2011-04281
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04281 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her son. The applicant states she was TDY during this time, but this is not a true statement as noted in her Air Force Automated Education Management System (AFAEMS) records. Any member of...
AF | BCMR | CY2012 | BC-2012-01574
Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, 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 a specified additional period in the Armed Forces from the date of election. The Air Force provided unfair and misleading information concerning Post 9-11 transferability by stating that enrolled members were...
AF | BCMR | CY2012 | BC-2012-04492
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: AFPC/DPSIT recommends denial indicating there is no evidence of an error or injustice. Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. The complete AFPC/DPSIT...
AF | BCMR | CY2014 | BC 2014 00168
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit E. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the applicants request noting the applicant may not have received accurate information regarding transferring education benefits to his dependents. Service members of the Armed Forces who, on or after 1 Aug 09, eligible for the Post-9/11 GI Bill, had...
AF | BCMR | CY2012 | BC-2012-02602
In this respect, we note the applicant has provided documentation substantiating he was approved for the Transfer of Education Benefits (TEB) for one of his dependent daughters prior to his active duty retirement in October 2009. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 27 October 2009, he elected to transfer his Post-9/11 GI...
AF | BCMR | CY2014 | BC 2014 03405
The DVA counselor did not mention anything about ensuring he transferred months to his dependents prior to retirement. It stated upon approval, family members may apply to use transferred benefits with the DVA by completing a DVA Form 22-1990e. But there was no mention that it had to be done before retirement. While the applicants review states the 18 Jul 09 DVA letter is confusing on what needed to be done and does not mention the TEB application had to be completed before retirement,...