RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02088
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill education
benefits to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not briefed prior to his retirement on transferring Post-
9/11 education benefits to his dependents. He thought as long as
he had an honorable discharge and was within the 10 year time-
frame he would be entitled to his education benefits and if he
needed he could transfer the remaining benefit to his dependents.
As an Individual Mobilization Augmentee (IMA), his outprocessing
consisted of various people signing appropriate blocks and
waiting to receive his retirement certificate through the mail.
The applicant's complete submission, with an attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a Air Force Reserve member who was transferred
to the Retired Reserve on 14 Feb 08.
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:
ARPC/DPTT recommends denial indicating there is no evidence of an
error or injustice. The Post-9/11 GI Bill benefits were
available on 29 Jun 09, however, the law required the service
member to be on active duty or selected reserve on 1 Aug 09 in
order to be eligible to participate in the transfer of education
benefits (TEB). The TEB must be executed while the service
member is on active duty. There is no opportunity to transfer
education benefits if the service member retired prior to
1 Aug 09. The applicant retired on 15 Feb 08, prior to the
effective date of the program. While the applicant is ineligible
to transfer his benefits, he retains the right to use the
benefits himself.
The complete ARPC/DPTT evaluation is at Exhibit C.
_________________________________________________________________
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 (Exhibit D).
As of this date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 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.
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-2012-02088 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 17 Apr 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 18 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
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 00764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00764 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents on 19 Dec 12. 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...
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 | 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 | 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 | 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 | 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 | CY2012 | BC-2012-01546
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. 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...
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 | CY2014 | BC 2014 00547
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00547 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while he was on active duty. 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...