RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02016
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 2 Aug 2009, he applied to transfer two years of his
educational benefits to his oldest daughter.
He made multiple attempts to transfer the benefits and assumed
it worked after about 10 attempts. On 1 May 2012, he found out
there was no record of this transfer in the system.
His enlistment would have ended in Jul 2012 had it not been for
his medical retirement. He served honorably for over 20 years
and earned this entitlement and would like it reinstated. His
daughter will attend college during the 2012 fall semester.
The applicant provides no documentation in support of his
request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Jul 2011, the applicant was permanently disability retired
in the grade of master sergeant (MSgt, E-7), with a 40 percent
disability rating. He served 20 years, 3 months and 13 days of
active service.
Post 9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve, officer or enlisted) on or after 1 Aug
2009, who is eligible for the Post 9/11 GI Bill, and:
Has at least six years of service in the Armed Forces on
the date of election and agrees to serve four additional
years in the Armed Forces from the date of election.
Has at least 10 years of service in the Armed Forces
(active duty and/or selected reserve) on the date of
election, is precluded by either standard policy (service
or DoD) or statute from committing to four additional
years, and agrees to serve for the maximum amount of time
allowed by such policy or statute, or
Is or becomes retirement eligible during the period from
1 Aug 2009, through 1 Aug 2013. 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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states, in part, the
applicant was given adequate information and failed to follow
through with the requirement to transfer benefits while on
active duty. He had ample time from his pre-separation briefing
on 6 Apr 2010 and the time of his retirement on 24 Jul 2011 to
sign up for the benefit to transfer to his dependents. His
failure to act in a timely manner is not a basis for approval on
the part of the Air Force. The Law specifically states: (e)
Designation of Transferee - An individual transferring an
entitlement to educational assistance under this section shall:
(1) designate the dependent or dependents to whom such
entitlement is being transferred; (2) designate the number of
months of such entitlement to be transferred to each such
dependent; and (3) specify the period for which the transfer
shall be effective for each dependent designated under
paragraph.
The complete DPSIT evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 Jun 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 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 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 Docket Number BC-
2012-02016 in Executive Session on 8 Jan 2013, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-
2012-02016:
Exhibit A. DD Form 149, dated 1 May 2012
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSIT, dated 29 May 2012, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 19 Jun 2012.
Panel Chair
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