RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04492
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not counseled on the requirements to transfer at least
one month of education benefits to each dependent prior to his
retirement to be able to adjust the benefits among his
dependents. He has completed the required service time to be
eligible to transfer these benefits to his dependent. His
education office had very little information on the details of
the program at the time of his election.
In support of his request, the applicant provides copies of a
variety of documents associated with his Post 9/11 application.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired
on 1 Feb 12.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. The applicant has not provided any
evidence showing he was not properly counseled regarding
criteria for transferring education benefits to his dependents
or that he needed to execute the transfer of benefits while he
was on active duty.
Under the provisions of AFI 36-2306, Voluntary Education
Program, a service member must transfer the entitlement to
education assistance while serving on active duty.
The Air Force, in implementing its guidance, developed a
communication plan that used the Air Force Personnel Center
Commander and the Education and Training Sections at each
installation to serve as spokespersons to communicate the Post-
9/11 GI Bill transfer-to-dependent program using internal media,
internal communication tools, and external trade publications.
There were various news articles about the Post-9/11 GI Bill;
most noted the requirement to be on duty on the
1 Aug 09 effective date of the Post-9/11 GI Bill to be eligible
to transfer benefits. Some articles mentioned that service
members on active duty or in the selected reserve could transfer
benefits. Notably, since 1 August 2009, the Air Force approved
over 50,000 transferability applications.
The Department of Veterans Affairs (DVA), the DoD and the
Military Services widely publicized the Post-9/11 GI Bill and
the transferability feature. DoD developed a special website,
hosted by Defense Manpower Data Center (DMDC), to facilitate the
transfer of educational benefits. The website system was
operational on 27 Jun 09 for the purpose of accepting transfer
of benefits applications. The Directive Type Memo (DTM) and Air
Force Instruction 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.
The complete AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The only evidence he has pertaining to counseling regarding the
transfer of education benefits is the TEB acknowledgement sheet,
which states in Section B that a service member can transfer
benefits at any time. Furthermore, he asks the Board to consider
the program was new when he transferred his education benefits to
his dependents and the education centers were newly trained on
the requirements for the program.
The applicants complete response, with attachments, 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, including his
response to the Air Force evaluation, 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. The applicant has not
provided any evidence to substantiate he was not properly
counseled regarding the transfer of education benefits while on
active duty. Moreover, the law governing these benefits
specifically states that an individual approved to transfer
entitlement to educational assistance must transfer the
entitlement only while serving as a member of the armed forces
when the transfer is executed. 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-2012-04492 in Executive Session on 2 Jul 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04492 was considered:
Exhibit A. DD Form 149, dated 17 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 9 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 16 Oct 12.
Exhibit E. Letter, Applicant, dated 22 Oct 12, atchs.
Panel Chair
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