RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03052
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was told he could transfer his benefits to his dependents at
anytime. After retiring, he learned that transfer of benefits
is only available to active duty personnel.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 Jan 12 in the grade of technical
sergeant (E-6).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSIT recommends denial. The Post-9/11 GI Bill, Chapter 33
became effective 1 Aug 09. Any member of the Armed Forces who,
on or after 1 August 2009, is eligible for the Post-9/11 GI
Bill, had at least 6 years of service on the date of election
may transfer unused Post-9/11 benefits to their dependents.
Service Secretaries were required, as of 22 Jun 09, to provide
and document counseling regarding these benefits. The Air Force
issued AFGMI on 23 Jul 09, which required pre-separation
counseling be documented on DD Form 2648.
DoD developed a special website to facilitate the transfer of
educational benefits. On 27 Jun 09, the website was operational
for the purpose of accepting transfer of benefits applications.
Both the DTM and AFI 36-2306 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.
Based on the facts provided, the applicant did not transfer his
benefits to his dependents prior to his retirement and he has
not provided any evidence that his failure to do so was the
result of his being improperly briefed prior to retirement.
A complete copy of the AFPC/DPSIT 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 20 Aug 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 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 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 provided sufficient evidence that he was
denied the opportunity to transfer benefits to his dependents
and or that he was miscounseled. 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-2012-03052 in Executive Session on 29 Jan 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 12.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 31 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 20 Aug 12.
Panel Chair
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