RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03582
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 transferred his benefits to his dependents prior to his
retirement. He gave each of his five children one month in case
they attended college. His daughter immediately started school.
His step-son will attend school in the fall. However, when he
tried to add months for his step-son in the transfer of
educational benefits (TEB) system, he noticed his step-sons
name was no longer listed. He is unsure why this happened. His
other children should be added back into the TEB system.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 1 April 2011.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. For the first time in history,
service members enrolled in 38 U.S.C, Chapter 33 (Post-9/11
Educational Assistance) were able to transfer their benefits to
their dependent spouse or children. Any member of the Armed
Forces, active duty, or Selected Reserve, officer or enlisted,
on or after 1 August 2009, who 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. The
Department of Defense issued a regulation that authorized the
Military Departments to offer service members the option to
transfer benefits. The Secretary of the Air Force determined
the Air Force would offer the transfer of benefits feature. The
transfer must be initiated while the member is serving in the
Armed Forces, which is defined as limited to those serving on
active duty or in the Selected Reserves.
The applicant initially applied for transfer of 36 months to his
oldest daughter. He states he set up one month for each of his
dependents in the TEB; yet, there is no documentation to support
that contention. An e-mail was sent to the applicant from the
Total Force Service Center on 19 April 2010, stating that he
must specify the number of months being transferred. The
evidence suggests he assigned 36 months to his oldest daughter.
On 14 August 2010, there was an update of 36 months to his
oldest daughter. Additionally, the applicant declined
counseling from the Education Office during his Pre-Separation
Counseling.
The applicant has failed to show an error on behalf of the Air
Force.
The complete DPSIT evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 1 October 2012, for review and comment within
30 days (Exhibit C). As of this date, this office has received
no response.
________________________________________________________________
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 applicants complete submission in judging the
merits of this case; however, we find insufficient evidence of
an error or injustice to warrant corrective action. The facts
and opinions stated in the advisory opinion appear to be based
on the evidence of record; most notably, that the applicant was
sent a notice to specify the number of months he wished to
transfer to each dependent and he transferred 36 months to his
oldest daughter. Based on the evidence before us, it appears
the applicant failed to exercise due diligence to insure the
transfer of benefits was effected as he intended. 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 AFBCMR Docket
Number BC-2012-03582 in Executive Session on 9 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 12.
Exhibit B. Letter, AFPC/DPSIT, dated 18 Sep 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 Oct 12.
Panel Chair
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