AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02521
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Education
benefits to his dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served in the Air Force for 26 years. His wife was devoted
to him and the service for 23 of those years. Throughout his
career, their plan was for her to continue her education. He
was never briefed that he could transfer his Veterans Benefits
to her prior to retiring or he would have done so. During his
transition assistance program briefing he recalls specifically
asking if he could transfer his benefits and the instructor told
him yes.
The applicant submits no supporting documentation.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 1 February
2008 in the grade of master sergeant.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. For the first time in history,
service members enrolled in 38 U.S.C, Chapter 33 (Post-9/11
Educational Assistance) were able to transfer their benefits to
their dependent spouse or children. Any member of the Armed
Forces, active duty, or Selected Reserve, officer or enlisted,
on or after 1 August 2009, who is eligible for the Post-9/11 GI
Bill, had at least 6 years of service on the date of election
may transfer unused Post-9/11 education benefits to their
dependents. Service Secretary’s were required, as of 22 June
2009, to provide and document counseling regarding these
benefits. The Air Force developed a communication plan
implementing the Post-9/11 GI Bill and transfer to dependent
program using external media. There was various news articles
about the Post-9/11 GI Bill, most noted, the requirement to be
on active duty on the 1 August 2009 effective date of the Bill
to be eligible to transfer benefits.
The applicant retired on 1 February 2008, the Post-9/11 GI Bill
Transfer of Educational Benefits (TEB) program was not in effect
at that time.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 July 2012, for review and comment within 30 days
(Exhibit D). 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. The applicant
retired effective 1 February 2008 and the Transfer of
Educational Benefits (TEB) system did not begin accepting
applications until 27 June 2009, with an effective date no
earlier than 1 August 2009. 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
2
, Panel Chair
, Member
, Member
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02521 in Executive Session on 8 January 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 5 May 12.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 2 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 12.
3
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