RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01922
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 2009, he submitted his election through the Department of
Veterans Affairs (DVA) website. He established an account using
the website information he was provided. He was never notified a
different procedure was required to process his request. To deny
his claim three years later is an injustice.
In support of his request, the applicant submits a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 Apr 10, the applicant retired from military service. He
served 25 years and 21 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant did not
provide adequate justification and/or documentation. On 17 Nov
09, he received pre-separation counseling and indicated he wanted
counseling for educational benefits prior to his retirement. He
had numerous opportunities to contact the Educational Center for
guidance on how to apply for the TEB. On 19 Jan 10, during his
outprocessing with the Education Center, he could have signed up
for TEB, but he did not.
The option to elect TEB for his dependents was available on the
DVA website when he switched from the Montgomery GI Bill to the
Post-9/11 GI Bill educational benefits. DPSIT opines the
applicants request would have been approved had he sought
guidance from personnel who could assist him with the TEB
process.
The complete DPSIT advisory, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He received counseling from the education office on several
occasions and attended the Transitional Assistance Program (TAP)
before retiring. He was assured his information submitted to
transfer his GI Bill educational benefits to his dependents was
done correctly. His actions are difficult to prove because he
did not print out a copy of the changes he made in the system.
He was told his account information could not be pulled from the
system; however, the information should have been back up and
archived before transferring to a new system. The website he
used is no longer available.
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. We took notice
of the applicants 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 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 this application in
Executive Session on 11 Feb 13, under the provisions of AFI 36-
2603:
The following documentary evidence was considered in AFBCMR BC-
2012-01922:
Exhibit A. DD Form 149, dated 25 Apr 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 22 May 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Exhibit D. Letter, Applicant, dated 16 Jul 12.
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