RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05329
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 spouse.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
When he was being medically retired, he filled out the paperwork
to convert over to the Post 9/11 GI Bill and to transfer all
36 months to his spouse. In Nov 12, he logged into the website
to transfer his benefits and noticed that the transfer never
took place. He is not sure if the error was due to his medical
retirement and years of service.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Sep 10, the applicant was relieved from active duty, with
a reason for separation of disability permanent. He retired on
24 Sep 10 after serving 9 years, 9 months, and 12 days on active
duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT notes that the applicant
did not provide adequate justification/documentation of an error
or injustice. His record reflect that he received his pre-
separation counseling on 12 Jul 10.
The applicant indicated on his DD Form 2648, Pre-separation
Counseling Checklist for Active Component Service Members, that
he did want counseling for educational benefits prior to his
retirement. However, there is no record of the applicant
applying for the benefit in the Transfer of Education Benefits
(TEB) system. He did not inquire about their TEB until 13 Nov
12 to the Total Force Service Center through Right Now
Technology (RNT).
The complete DPSIT evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Upon finding out that he was going to be medically retired, he
had a lot of decisions and sacrifices that he needed to make.
He had every attention to remain on active duty and retire at
20 plus years; however, due to an unfortunate injury while on
duty, his career was cut short.
On his DD Form 2648, he had requested counseling on his
education benefits and had every intention of filling out the
appropriate paperwork needed to transfer his benefits to his
spouse. He thought he had taken care of this requirement;
however, when he logged into the GI Bill website, he realized
that he had failed to complete the necessary paperwork, which he
feels was due to all of the confusion with retirement and
finding a new job to take care of his family.
The applicants complete response is at Exhibit D.
________________________________________________________________
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, the applicant has not provided sufficient
evidence that he did not receive the appropriate counseling as
required by law and Department of Defense regulations.
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-2012-05329 in Executive Session on 12 Sep 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Nov 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 19 Nov 12.
Exhibit C. Letter, SAF/MRBR, dated 14 Dec 12.
Exhibit D. Letter, Applicant, dated 2 Jan 13.
Panel Chair
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