AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02168
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware that the Transfer of Education Benefits (TEB)
had to be accomplished prior to his retirement. He was stressed
during his out-processing, but intended to transfer his benefits
to his spouse.
The applicant does not provide supporting documentation.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 1 Mar 12 in
the grade of master sergeant.
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 B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial stating that the Post 9/11 GI Bill,
Chapter 33, became effective 1 Aug 09 based on Post 9/11 Veteran
Education Act of 2008. The Public Law states in part, that “an
individual may transfer such entitlement only while serving as a
member of the Armed Forces when the transfer is executed.”
Articles were published that explained the program benefits and
requirements. This communication plan was carefully implemented
because there is no provision in the law or DoD policy for a
waiver if a member retires without transferring the benefits.
The opportunity to transfer is not an entitlement and is in fact
intended as a retention tool in exchange for additional service.
Every effort was made, even before the program became available,
to convey information to eligible members.
In this case, the applicant did not provide adequate
justification or documentation. The applicant received pre-
separation counseling on 21 Sep 11; however, he indicated that he
did not want counseling for educational benefits prior to his
retirement. Additionally, the TEB system does not show any
record of the applicant applying to transfer his benefits.
The complete DPSIT evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 Jun 12 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 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.
_________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-02168 in Executive Session on 8 Jan 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 May 12.
Exhibit B. Letter, AFPC/DPSIT, dated 7 Jun 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
3
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