RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04949
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11
GI Bill educational benefits (TEB) to his dependent son while he
was on active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
In November 2009, he accomplished the required actions through
the Virtual Military Personnel Facility (vMPF) to transfer his
educational benefits, but now the Veterans Administration (VA)
and the Air Force Personnel Center (AFPC) say there is no record
of his making the transfer. This is a system error. He
designated his son, and chose the 36-month option. He saw no
option within the system to print a receipt. He retired out of
a small office in Crystal City, Arlington, VA which was
supported by MacDill AFB, Florida. When he out-processed
through the Educational Office at Bolling AFB, DC, no mention
was made of Post-9/11 GI Bill TEB, and he did not ask since he
had already accomplished the required transfer.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in the regular Air Force, retiring on
1 Feb 10 after 30 years of service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. For the first time in history, service
members enrolled in the Post-9/11 GI Bill Program are able to
transfer unused educational benefits to their dependent spouses
or children. 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 Bill, has at least six years of
service in the Armed Forces on the date of election, and agrees
to serve four additional years in the Armed Forces from the date
of election can transfer their unused Post-9/11 benefits to
their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)).
Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of
such entitlement can only be done while serving as a member of
the armed forces when the transfer is executed. The applicant
did not provide adequate justification or documentation to
support his applying for TEB in Nov 09. There is no record of
the applicant applying for the benefits in the TEB system or any
Right Now Technology records. If the Board finds there was an
injustice to the extent that the member did not receive adequate
pre-separation counseling as required by law and Department of
Defense (DoD) regulation, and was not personally notified about
the need to transfer benefits while serving in the Armed Forces,
the Board may approve the applicants request.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his contention he did, in fact, sign up
for TEB in the Fall of 2009 through the vMPF. The AF advisory
assumes the TEB System and Right Now Technology are without flaw
and never have errors. As for the statement in the advisory
concerning his not receiving adequate pre-separation counseling,
he never received pre-separation counseling about TEB and was
never notified about the need to transfer his benefits while
serving in the Armed Forces. He only heard others in his office
talking about TEB. His office in Crystal City, Alexandria, VA
received minimal administrative support from MacDill AFB. He
believes either the system had an error and lost his record or
he made an error in transferring the benefits due to lack of
support and information (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. Sufficient 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, to include his rebuttal response to the Air
Force advisory opinion. While we note the comments of the Air
Force office of primary responsibility, it appears through no
fault of the applicant he did not receive proper counseling
concerning the steps necessary to transfer his benefits to his
dependents due to the timing of his retirement, his geographical
separation from his unit, and the infancy of the program.
Therefore, we recommend the records be corrected as indicated
below.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
31 January 2010, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04949 in Executive Session on 12 Aug 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04949 was considered:
Exhibit A. DD Form 149, dated 20 Oct 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 30 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.
Exhibit E. Letter, Applicant, dated 19 Dec 12
Panel Chair
AF | BCMR | CY2013 | BC 2013 01708
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. While we note the steps the Air Force OPR indicates were taken to inform eligible personnel of this new benefit, it appears that...
AF | BCMR | CY2013 | BC 2013 05609
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05609 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 8 Feb 10, the original date of his TEB application submission. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary...
AF | BCMR | CY2013 | BC 2013 05383
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. THE BOARD DETERMINES...
AF | BCMR | CY2012 | BC 2012 05960
_________________________________________________________________ APPLICANT CONTENDS THAT: He applied for Post 9-11 GI Bill benefits on 24 Mar 11, but his application was not accepted due to his not submitting the required statement of understanding (SOU). The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2012 05960
_________________________________________________________________ APPLICANT CONTENDS THAT: He applied for Post 9-11 GI Bill benefits on 24 Mar 11, but his application was not accepted due to his not submitting the required statement of understanding (SOU). The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2013 04771
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 Bill, has at least six 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 (Title 38 USC, Chapter 33, § 3319(b)(1)). If you do not receive...
AF | BCMR | CY2014 | BC 2014 00790
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. Without a signed SOU, the TFSC personnel cannot determine if the member accepts the four-year active duty service commitment (ADSC). THE BOARD DETERMINES THAT: The applicant be notified the...
AF | BCMR | CY2013 | BC 2013 01117
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational...
AF | BCMR | CY2013 | BC 2013 02830
________________________________________________________________ APPLICANT CONTENDS THAT: On 17 Jan 12, she applied to transfer her Post-9/11 GI Bill benefits to her dependents; however, on 30 Jan 12, her application was rejected because she did not complete and return the Statement of Understanding (SOU). In addition, when the applicant applied through MilConnect there was a Message from your Service Component displayed, which states Your transfer request is not final until you...
AF | BCMR | CY2013 | BC 2013 02659
He was medically retired at 19 years; done wrong by the Air Force; and now they are taking his Post-9/11 GI Bill benefits that he is entitled to. He was instructed to complete the three extra years and the TEB would be approved. It is unacceptable for DPSIT to deny his request when he served the additional time that is required for approval.