RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05040
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 was not given the option to transfer his Post-9/11 GI Bill
benefits prior to his retirement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from active duty, effective 1 Oct 08, in
the grade of lieutenant colonel (O-5).
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 applicant retired
effective 1 Nov 07 [sic] and the program for the Transfer of
Benefits started 1 Oct 08 [sic]. Since 38 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 the transfer is executed, denial is the only
recommendation. There has been no injustice to the extent that
the service member did not receive adequate counseling as
required by law and DoD regulation.
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 six 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 individual pre-separation or release from active
duty 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.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
AFPC/DPSIT stated that his retirement date was 1 Nov 07;
however, that is incorrect. His effective retirement date was
1 Oct 08. They also stated that the TEB started 1 Oct 08 and
that 38 USC and 3323 (b)(1) and (2) required the secretary to
provide member with information on the Post 9/11 GI bill as
specified in DoD regulations. The Post 9/11 bill was signed
30 Jun 08 and he was still on active duty but never received a
briefing on the benefits. He reiterates the bill was to be used
as a retention tool and he was on active duty and retired after
the bill was signed. He asserts that he would have delayed his
retirement for a year or longer had he known about the program.
Additionally, he asserts that he would have volunteered for
deployments to Iraq and Afghanistan to extend his time and
obtain the right to transfer the benefits to his children. He
concludes that the Air Force was negligent for not briefing him
as required by law on the Post 9/11 benefits prior to his
retirement.
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 not timely filed; however it is in the
interest of justice to excuse the failure to timely file.
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, 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 indicate that he was somehow
miscounseled by Air Force officials regarding his potential
eligibility to transfer his Post-9/11 educational benefits or
that he has been treated differently than others similarly
situated who chose to retire prior to the effective date of the
TEB program.. Therefore, 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-2012-05040 in Executive Session on 12 Aug 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Oct 12.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 2 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12.
Exhibit E. Letter, Applicant, dated 24 Nov 12.
Panel Chair
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