RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

 
IN THE MATTER OF:				DOCKET NUMBER: BC-2013-03179
	 					COUNSEL:  NONE
   	 				        HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he transferred his Post-
9/11 GI Bill educational benefits to his dependent on 5 Sep 
2010.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He requested Transfer of Education Benefits (TEB) while on 
active duty; however, the document he completed requesting TEB 
was not entered into the personnel system.

He attended the Transition Assistance Program (TAP) twice and 
discussed TEB with the education officer at his final duty 
station.  At this meeting, he specifically addressed 
transferring the remainder of his GI Bill to his daughter and 
completed the necessary documents.  

He retained many important documents relating to his retirement 
but in relocating from overseas, he is unable to locate a copy 
of his TEB application.
 
The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 13 Nov 1987 and was 
progressively promoted to the grade of lieutenant colonel     
(O-5).  He was retired on 31 Dec 2010 after serving 23 years,   
1 month and 18 days on active duty.    

Post-9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post-9/11 GI Bill, and: 

*	Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in the 
Armed Forces from the date of election. 

*	Has at least 10 years of service in the Armed Forces (active 
duty and/or selected reserve) on the date of election, is 
precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy or 
statute, or 

*	Is or becomes retirement eligible during the period from 1 Aug 
2009 through 1 Aug 2013.  A service member is considered to be 
retirement eligible if he or she has completed 20 years of 
active duty or 20 qualifying years of reserve service. 

*	For those individuals eligible for retirement on 1 Aug 2009, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 2009, and before 1 Jul 2010, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
2009, and before 1 Aug 2010, 1 year of additional service 
after approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2010, and before 1 Aug 2011, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2011, and before 1 Aug 2012, 3 years of additional 
service after approval of transfer required. 

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant did not provide 
adequate justification or documentation.  He received pre-
separation counseling on 22 Apr 2010 and indicated on his DD 
Form 2648, Preseparation Counseling Checklist for Active 
Component Service Members, that he did not want counseling for 
educational benefits prior to his retirement.  There is also no 
record of the applicant applying for the benefit in the TEB or 
Right Now Technology (RNT) systems.   

The complete DPSIT evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

He believes his daughter should be eligible for his GI Bill.  
Although the Air Force did a very good job in publicizing the 
transferability of the GI Bill to dependents, he does not 
believe the Air Force made the same effort in pointing out the 
importance of documenting that the transfer election had to be 
made while on active duty.  He attended TAP in 2008 and 2009; 
and although TEB was highlighted, the importance of documenting 
the transfer while on active duty was not mentioned.  A simple 
check-sheet, such as the DD Form 2648, should not suffice for 
signing away educational benefits earned and provided under the 
GI Bill.

His educational situation is different from most other service 
members as he already used a significant portion of his 
eligibility in pursuit of his doctorate’s degree while on active 
duty.  He visited the education office on a monthly basis during 
his retirement processing to discuss funding for his doctorate’s 
degree.  At no time was the GI Bill transfer process 
requirements discussed, perhaps because they assumed he would 
exhaust his benefits.  He has 14 months of eligibility remaining 
which he fully intended to transfer to his daughter.

The applicant’s 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 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 error or injustice.  While the 
applicant argues that the GI Bill transfer process requirements 
were not discussed, as pointed out by the Air Force Office of 
Primary Responsibility (OPR), the applicant declined pre-
separation counseling for educational benefits.  Therefore, we 
agree with the opinion and recommendation of the Air Force OPR 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
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 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 Docket 
Number BC-2013-03179 in Executive Session on 21 Apr 2014 under 
the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Jun 2013.
     Exhibit B.  Letter, AFPC/DPSIT, dated 9 Jul 2013, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 23 Aug 2013. 
     Exhibit D.  Letter, Applicant, dated 18 Sep 2013, w/atchs.



 
                                   Panel Chair