RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04093
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 completed the transfer of benefits on the website prior to
his retirement. After retiring and applying for one of his
children to receive the benefit, he was told there was no record
of his transaction.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from active duty, effective 1 Jul 11, in
the grade of major (O-4).
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 C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating 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 provide
adequate documentation to justify an error or injustice. He
received pre-separation counseling and indicated on his pre-
separation, DD Form 2648, that he did want counseling for
educational benefits prior to his retirement. There is no
record of the applicant applying for the benefit in the system.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
As part of his pre-separation briefing, the applicant was given
guidance on where to apply for the transfer of benefits and was
advised to transfer one months worth of benefits to each of his
children. After the briefing, he did so and at the end of the
process, the screen read submitted as his status. After
several months passed, he went to the base education office to
receive his counseling and confirm he had done what was
necessary. He told the counselor what he had done and the
counselor told him that he was good. He did not inquire again
about the transfer until his oldest daughter was about to enter
college. At that time, he was told there was no record of his
request and his claim was denied. He was led to believe by both
the web page and personnel from the base education office that
he had completed the appropriate steps and therefore, requests
that his records be corrected to allow him to reapply to
transfer his education benefits to his children.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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 been the victim of an error or injustice.
Other than his own uncorroborated assertions, the applicant has
provided no documentary evidence whatsoever that indicates he
was somehow miscounseled or that his failure to transfer his
Post-9/11 GI Bill benefits to his dependents was somehow the
result of an error on the part of the Air Force. 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-2012-04093 in Executive Session on 3 Jun 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 Aug 12.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12.
Exhibit E. Letter, Applicant, dated 23 Oct 12.
Panel Chair
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