RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00069
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent son.
________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted a transfer of benefits request prior to his
retirement with the assistance of the Wing Retention Office
Manager (ROM).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants NGB Form 22, Report of Separation
and Record of Service, the applicant enlisted in the Air
National Guard on 6 Jan 86.
On 30 Dec 11, the applicant was transferred to the Retired
Reserve List and was credited with 31 years and 25 days of total
military service.
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:
NGB/A1Y recommends denial, indicating there is no record or
documentation showing the applicant transferred his Post 9/11 GI
Bill benefits prior to his retirement.
The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09 by
virtue of the passage of Public Law (PL) No. 110-252, which was
signed by the President on 30 Jun 08.PL No. 110-252, section
3319(f)(1) states in part, that an individual approved to
transfer entitlement to educational assistance under this
section may transfer such entitlement only while serving as a
member of the armed forces when the transfer is executed.
Directive Type Memorandum (DTM) 09-003 Post-9/11 GI Bill,
dated 22 Jun 09, attachment 2, paragraph 3.g.1 states, an
individual approved to transfer entitlement, may transfer to
family member only while serving in the armed forces. Both of
these documents were published on government-hosted websites
prior to the effective date of the Post 9/11 GI Bill.
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.
The DMDC website has the feature to track a members transfer
record from the initial request to any changes or modifications
made to the request. A search was conducted and no record of
the applicant was found.
The former ROM for the applicants unit stated she remembered
meeting with the applicant but not the specifics of what was
discussed. She indicated that normally when she helps members
process their TEB request, she has them print a screen shot
showing their request is pending review. After a review of
her records, there was no documentation showing she assisted the
applicant in processing his request.
A complete copy of the NGB/A1Y evaluation, with attachments, is
at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 Mar 13 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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, 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.
Other than his own uncorroborated assertions, the applicant has
provided no documentary evidence whatsoever that indicates he
submitted a transfer of benefits request prior to his
retirement. 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-2013-00069 in Executive Session on 12 Nov 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jan 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, NGB/A1Y, dated 27 Feb 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13.
Panel Chair
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