RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04755
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits to his daughter.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was not given the opportunity to transfer the benefit prior
to his retirement in 2006 because he was not aware of the
benefit at that time.
He completed 21 years of honorable service and struggled finding
a job after retirement, accumulating great financial burdens and
would greatly appreciate the opportunity to transfer this
benefit to his college bound children.
In support of his appeal, the applicant provides a copy of his
Post 9/11 GI Bill letter of acceptance from the Department of
Veterans Affairs (DVA); retirement documents, and award element
for the Joint Service Achievement Medal in support of Operation
SOUTHERN WATCH.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Aug 06, the applicant retired after serving over 21 years
and 20 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, noting the applicant was separated
effective 31 Jul 06. The program for the Transfer of Education
Benefits (TEB) started 1 Aug 09. Since 38 USC, Chapter 33,
Section 3319 (f) (1) states that "an individual... may transfer
such entitlement only while serving as a member of the armed
forces when the transfer is executed," he is not eligible for
the TEB.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 Oct 12 for review and response. As of this
date, no response has been received by this office (Exhibit C).
________________________________________________________________
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 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. 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-2012-04755 in Executive Session on 25 Jul 13, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04755 was considered:
Exhibit A. DD Form 149, dated 5 Apr 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 19 Oct 12.
Exhibit C. Letter, SAF/MRBR, dated 29 Oct 12.
Exhibit D. Letter, Applicant, dated 21 Nov 12.
Panel Chair
AF | BCMR | CY2013 | BC-2012-03098
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03098 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents. There is no record of the applicant making a Transfer of Educational Benefits (TEB) to his dependents. ...
AF | BCMR | CY2013 | BC-2012-03660
Two days later, he completed actions to transfer half of his benefits to his daughter. The counseling notes reflect the applicant was “advised to monitor the Department of Veterans Affairs (DVA), the Air Force Personnel Center (AFPC), and the Transfer of Educational Benefits (TEB) website for updates and status.” Title 38, United States Code (USC), Chapter 33, section 3319(f)(1) states “an individual may transfer such entitlement only while serving as a member of the armed forces when...
AF | BCMR | CY2012 | BC-2012-03970
Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (38 USC 3319(b)(1). We took notice of the applicants complete...
AF | BCMR | CY2012 | BC-2012-05040
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 six years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant retired from active duty prior to the Tranfer of Benefits becoming effective on 1 Aug 09 and, other than argument and conjecture, he has presented no evidence to...
AF | BCMR | CY2013 | BC 2012 05899
________________________________________________________________ THE APPLICANT CONTENDS THAT: The Post 9/11 GI Bill was effective in 2009; however, he just recently became aware of the Transfer of Education Benefits (TEB). The complete DPSIT evaluation is at Exhibit B. Therefore, 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.
AF | BCMR | CY2012 | BC-2012-05012
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05012 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) benefits to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He had planned on retiring in April 2009;...
AF | BCMR | CY2012 | BC-2012-03267
________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 1 October 1990 to 28 December 2009. The following documentary evidence was considered for AFBCMR Docket Number BC-2012-03267: Exhibit A. DD Form 149, dated 25 Jul 12, w/atchs. Exhibit B.
AF | BCMR | CY2014 | BC 2014 01487
He then submitted another TEB and received an approved waiver of the TEB obligation end date, which allowed him to retire voluntarily and keep the TEB benefit. On 17 Nov 11, the RNT system shows the applicant made an additional request to change his retirement date to 1 Oct. For those members eligible for retirement after 1 Aug 11, and on or before 1 Aug 12, three years of additional service from the date of request is required. Based on his TAFMSD, his retirement date, and the date he...
AF | BCMR | CY2013 | BC 2013 03973
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...
AF | BCMR | CY2010 | BC-2010-01180
A1PA states that members may have had the impression that being on active duty or in the Selected Reserve (SELRES) on the effective date of the law, 1 Aug 09, was sufficient to vest them with the right to transfer benefits at some time in the future. However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to...