RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02721
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he elected to transfer his Post-
9/11 GI Educational Benefits to his spouse beginning on 17 May 12
rather than 11 Jun 12.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made every effort to transfer his benefits by 17 May 12, but
the transfer is dated 11 Jun 12, the date he resubmitted his form.
He needs his records to reflect a transfer date of between
17 May 12 and 21 May 12 because that is when his spouses classes
started. He initially tried to submit his on-line transfer form
in Mar 12, but he didnt have the required six years time in
service until 17 May 12, but he assumed submitting the form
earlier would be better. The website appeared to have submitted
the form correctly, but when he contacted the Total Force Service
Center there was no record of his submittal. He discovered this
on 11 Jun 12, but the begin date of the form is the date you
electronically submit so he could no longer select 17 May 12. The
applicant urges the Board to accept his word that he submitted the
form and it appeared to have submitted correctly with no error
messages. His projected separation date is 1 Feb 18, so he is not
trying to backdate this in order to get out of an active duty
service commitment.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
For the first time in history, service members enrolled in the
Post-9/11 GI Bill Program are able to transfer unused educational
benefits to their dependent spouses or children. 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 Force on the
date of election, and agrees to serve four 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)). .
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. The applicant did not provide adequate
justification. There is no record in the Right Now Technology
System that the member ever tried to apply for Post 9/11 Transfer
of Eligibility Benefits (TEB) until 11 Jun 12, nearly a full month
after the date he had six years of service and became eligible to
initiate his TEB rights. The date of 11 Jun 12, which is when the
applicant returned the required Statement of Understanding becomes
the first date the member is eligible to utilize TEB benefits.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Aug 12 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 (OPR) 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 material 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-2012-02721 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 20 Jun 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 19 Jul 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 12.
Panel Chair
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