RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04912
COUNSEL: NONE
XXXXXXXXXX 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 designated one month of Post-9/11 GI Bill benefits to each of
his dependents; however, when he retired and the records were
transferred to the Department of Veterans Affairs (DVA), it
appears the designation of benefits was dropped out of the system.
He contacted both the Air Force Personnel Center and the DVA to
correct this error and was advised that submitting a request to
the Board was his only option.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 12 February 1982, the applicant entered the Regular Air Force.
On 1 March 2012, the applicant retired after serving 30 years and
19 days on active duty.
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the
Secretary concerned, to promote recruitment and retention in the
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or
more of his or her family members all or a portion of his or her
entitlement to such assistance. For individuals eligible for
retirement on 1 August 2009, no additional service is required.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The Department of Defense (DoD)
issued a regulation, Directive Type Memo (DTM) 09-003, that
authorized the Military Departments to offer service members the
option to transfer benefits. The Secretary of the Air Force
determined that the Air Force would offer the transfer of benefits
feature. The transfer must be initiated while the member is
serving in the Armed Forces. 38 U.S.C. requires the Secretary to
provide members with information on the Post-9/11 GI Bill as
specified in DoD regulations. DTM 09-003, dated 22 June
2009 required the Military Departments to provide and document
individual pre-separation or release from active duty counseling
on Post-9/11 GI Bill benefits. There is no record which reflects
the applicant made an inquiry or attempt to apply for the Transfer
of Education Benefits prior to his retirement. Additionally,
according to his DD Form 2648, Preseperation Counseling Checklist
for Active Component Service Members, the applicant declined
education counseling. There is no evidence that an injustice has
occurred.
The complete DPSIT evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 December 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
To date, a response has not been received (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, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt the
rationale expressed as the basis for our conclusion 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 this application in
Executive Session on 1 December 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
04912 was considered:
Exhibit A. DD Form 149, dated 26 September 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 November 2013, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 December 2013.
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