RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02659
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
In 2009, he transferred his Post-9/11 GI Bill to his daughter;
however, it was never approved.
On 25 Feb 2013, he was medically retired and the Transfer of
Education Benefits (TEB) was never transferred or approved. He
completed the required three years Active Duty Service
Commitment (ADSC); however, the Department of Veterans Affairs
(DVA) has no record of the approval.
In Sep 2013, his daughter starts school and without the approval
of the TEB, she will not be able to attend college.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a memorandum and his daughters birth certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Feb 2013, the applicant was medically retired. He served
18 years, 9 months and 17 days of active duty service.
In accordance with Directive-Type Memorandum 09-003, 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 agreed 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 United States
Code (USC) 3319(b)(1).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. AFI 36-2306, Voluntary Education
Program, attachment 9, A9.18.7.1 states A member approved to
transfer entitlement under this section may transfer such
entitlement only while serving as a member of the Armed Forces
when the transfer is executed.
There is no record in the TEB or Right Now Technology (RNT) that
the applicant ever applied for TEB. He did not contact the
Total Force Service Center (TFSC) until 17 May 2013 and was
advised to submit an application to the Air Force Board for
Correction of Military Records (AFBCMR) since he was retired and
ineligible to be approved for TEB
He did not provide adequate justification or documentation.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
DPSIT recommends disapproval; however, they do not have the
facts. His daughter is suffering from Crohns Disease and
without this approval she will not be able to go to school. 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 had no way of knowing his TEB was not approved. He was
instructed to complete the three extra years and the TEB would
be approved.
He is being done wrong again after serving 19 years of service
and cannot send his daughter to college because of a system
error that is beyond his control.
He is not authorized retirement pay due to not completing
20 years of active duty service. He has been done wrong by the
Air Force and there is nothing he can do about it and he accepts
it.
It is unacceptable for DPSIT to deny his request when he served
the additional time that is required for approval.
The applicants complete submission 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. While the
applicant states that he was instructed to complete three
additional years and his request would be approved, he has not
provided sufficient evidence to support his request. 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 that the applicant has not been the
victim of an error or injustice. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 BC-2013-
02659 in Executive Session on 28 Mar 14, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02659 was considered:
Exhibit A. DD Form 149, dated 30 May 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 11 June 2013.
Exhibit C. Letter, SAF/MRBR, dated 21 June 2013.
Exhibit D. Letter, Applicant, dated 16 July 2013.
Panel Chair
4
AF | BCMR | CY2014 | BC 2014 00168
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit E. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the applicants request noting the applicant may not have received accurate information regarding transferring education benefits to his dependents. Service members of the Armed Forces who, on or after 1 Aug 09, eligible for the Post-9/11 GI Bill, had...
AF | BCMR | CY2012 | BC-2012-02602
In this respect, we note the applicant has provided documentation substantiating he was approved for the Transfer of Education Benefits (TEB) for one of his dependent daughters prior to his active duty retirement in October 2009. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 27 October 2009, he elected to transfer his Post-9/11 GI...
AF | BCMR | CY2013 | BC 2013 04071
He has served 4 years since the start of the Post-9/11 GI Bill. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. Exhibit...
AF | BCMR | CY2013 | BC 2013 02546
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 03179
________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He believes his daughter should be eligible for his GI Bill. At no time was the GI Bill transfer process requirements discussed, perhaps because they assumed he would exhaust his benefits. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 2013.
AF | BCMR | CY2013 | BC 2013 03064
The applicant submitted the application to transfer the Post-9/11 GI Bill on 18 January 2011. The SOU was never received. The applicant was sent an email on 19 January 2011 requesting his signature on the SOU.
AF | BCMR | CY2014 | BC 2014 00401
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00401 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timely election to terminate his Survivor Benefit Plan (SBP) coverage effective 4 June 2013. We find sufficient evidence to conclude it was the applicants intent to transfer entitlement of educational benefits to all his eligible dependents on the effective date of his...
AF | BCMR | CY2013 | BC-2012-03441
________________________________________________________________ THE APPLICANT CONTENDS THAT: He completed the submission portion of the Transfer of Educational Benefits (TEB) for his daughter in Sep or Oct 09, transferring 100 percent of his benefits at that time. In Sep or Oct 09, he "transferred" his education benefits to his daughter, but there is no record of him doing the transfer. Since, he had completed that portion of the process the information was not new to him.
AF | BCMR | CY2013 | BC 2013 05141
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05141 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 while on active duty. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at...
AF | BCMR | CY2013 | BC 2013 00581
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00581 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to accomplish a Post-9/11 GI Bill transfer of educational benefits (TEB) to his daughter. He indicated on his Department of Defense Form 2648, Pre-separation Counseling Checklist for Active Component Service Members, that he did...