RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04330
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he transferred his Post-9/11
GI Bill to his dependents in May 2009.
________________________________________________________________
APPLICANT CONTENDS THAT:
On or about May 2009, he completed the application to transfer
his benefits to his dependents. He received confirmation that
his application was complete and approved; however, there is no
record of his completed application. This affects the date of
his transfer and it affects his active duty service commitment
date.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is active duty serving in the grade of colonel.
For individuals eligible for retirement on or after 1 August
2011, and before 31 July 2012, 3 years of additional service is
required.
The remaining relevant facts are contained in the letter
prepared by the Air Force office of primary responsibility which
is listed at Exhibit B.
________________________________________________________________
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.
Service Secretarys were required, as of 22 June 2009 (reissued
10 September 2010), to provide and document individual pre-
separation or release from active duty counseling on the Post-
9/11 GI Bill benefits. The Air Force issued guidance requiring
pre-separation counseling be documented on the DD Form 2648.
However, the Air Force did not engage in a Service-wide effort
to seek out members who were already on terminal leave, or who
had already completed their pre-separation counseling in order
to provide them with additional counseling.
The applicant states that he received confirmation that his
application was completed and approved; however, there is no
evidence that he signed-up for the transfer of benefits. The
transferring of benefits process was not made available until
the latter part of July. There is no indication in the Total
Force Center that the applicant indeed signed-up for the
transfer.
The complete DPSIT, 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 15 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. After
careful consideration of the applicants request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. Therefore, we
agree with the opinion and recommendation of the Air Force
offices 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. 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-2012-04330 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 20 Jul 12.
Exhibit B. Letter, AFPC/DPSIT, dated 24 Sep 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 12.
Panel Chair
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