ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02433
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to the Transfer of Educational Benefits (TEB)
portion of the Post 9/11 GI Bill.
________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
27 Mar 13. For an accounting of the facts and circumstances
surrounding the applicants request for the TEB entitlements,
and, the rationale of the earlier decision by the Board, see the
Record of Proceedings, with attachments, at Exhibit E.
The applicant requests reconsideration of his entitlement to the
TEB and contends that he was miscounseled and was not provided
the correct information about the TEB. He received a briefing
from an official at the Department of Veterans Affairs (DVA)
that the eligibility requirements had changed in 2011 and that
having to serve 20 years of active duty was all that was
necessary to allow for 100 percent of the TEB.
He made his decision to retire in Oct 11 just weeks after his
initial briefing.
In support of his appeal, the applicant provides a personal
statement and electronic mail from a representative of the
Disabled American Veterans (DAV) organization.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined there was
insufficient evidence to warrant corrective action because the
applicant had not provided substantial evidence to support his
contentions of miscounseling. The applicant now submits an email
from a Disabled American Veterans Transition Service Officer
stating that he recalls the VA representative briefing that there
was a change that eliminated the ADSC for personnel with 20 or
more years. While the letter provided in support of his request
is noted, we do not find it sufficiently persuasive to warrant
the requested relief. Therefore, absent evidence that he was
denied rights to which he was entitled, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02433 in Executive Session on 31 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 4 Apr 13, w/atchs.
Exhibit F. Letter, Applicant, dated 6 Jun 13, w/atchs.
Panel Chair
AF | BCMR | CY2012 | BC-2012-00913
________________________________________________________________ APPLICANT CONTENDS THAT: The Post 9/11 GI Bill Transfer of Education Benefits (TEB) was not conveyed in a timely manner before his retirement date. However, based on the applicant's complete submission and his available military records, we find no evidence of an error or injustice. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented...
AF | BCMR | CY2012 | BC-2012-00706
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00706 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'S REVIEW OF AIR FORCE EVALUATION: The applicant waived his education benefits briefing for...
AF | BCMR | CY2013 | BC-2012-01346
The complete NGB/A1PS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In an undated letter the applicant responds that he is submitting the letter to provide further explanation of his request to accomplish the Post 9/11 TEB. We note the Air Force office of primary responsibility recommends approval if the Board finds an injustice. However, based on the applicant's complete submission, we find no...
AF | BCMR | CY2012 | BC-2012-00026
The applicant indicated on his DD Form 2648, Pre-separation Counseling Checklist for Active Component Service Members, that he did not want counseling for education benefits prior to his retirement. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 September 2009 he elected to transfer his Post 9/11 GI Bill Educational Benefits. ...
AF | BCMR | CY2013 | BC 2013 01154
DPSIT states the applicant does not provide evidence that he was a victim of an error or injustice. In December 2012, the applicant submitted his application for TEB, but he was ineligible because he had an approved retirement on file. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01154 in Executive Session on 16 December 2013, under the provisions of AFI 36-2603: , Panel Chair , Member ,...
AF | BCMR | CY2012 | BC-2012-01350
________________________________________________________________ APPLICANT CONTENDS THAT: After retiring from the Air Force he became aware that he was required to transfer his education benefits to his dependents prior to his retirement. He was not briefed that he had to transfer benefits before retiring. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-01350 in Executive Session on 13 Nov 2012, under...
AF | BCMR | CY2012 | BC-2012-00720
The complete AFPC/DPSIT evaluation is at Exhibit B. He believes his ADSC should be 9 June 2015 based on his original intent for the TEB and the fact that he did not receive an email concerning the SOU and an expired TEB application. We note the applicant’s assertion that he suffered an injustice when he did not receive an email concerning the SOU and an expired TEB application; however, he has not provided sufficient evidence to support that he was treated any differently than other...
AF | BCMR | CY2012 | BC-2012-01366
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, the application is not supported with evidence that the applicant was a victim of an error or injustice. After a 2 thorough review of the evidence of record, we do not find persuasive evidence that his Post 911 GI Bill Transfer of educational benefits date is in error. While the applicant believes he was not properly briefed on the requirements to transfer...
AF | BCMR | CY2013 | BC 2013 01703
He would have transferred his MGIB benefits to the Post-9/11 Bill if he would have known that MGIB transferability to dependents went away and/or that his ADSC would have been waived if he transferred to the Post-9/11 GI Bill. He was not provided the proper information pertaining to the GI Bill benefits or transferring his education benefits to the Post-9/11 GI Bill. While the applicant contends he was unaware that he could not transfer the Montgomery GI Bill (MGIB) (Chapter 30) to his...
AF | BCMR | CY2012 | BC-2012-03442
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The Post-9/11 G.I Bill was enacted by Congress to provide veterans who served on active duty after 11 Sep 01 with an enhanced educational assistance benefit. After a thorough review of the evidence of record and the applicant's submission, we agree with the opinion and recommendation of the Air Force office of primary responsibility that since the applicant retired prior to the...