AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-03660
COUNSEL: NO
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 dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 15 Oct 09, he completed actions to transfer 100 percent of
his Post-9/11 GI Bill education benefits to his son. Two days
later, he completed actions to transfer half of his benefits to
his daughter. His son has successfully used his portion of the
benefits; however, upon checking to ensure his daughter could
start using her portion, he discovered that his second
transaction did not take effect.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Nov 10, the applicant retired in the grade of lieutenant
colonel. He served 20 years and 27 days of total active
service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is contained at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that the applicant
did not provide adequate justification or documentation there
was an error on the part of the Air Force. He simply states
after transferring all 36 months of his Post-9/11 GI Bill
education benefits to his son, he went back to transfer half of
his Post-9/11 GI Bill education benefits to his daughter.
However, there is no documentation supporting his request.
On 21 Jul 09, the applicant was counseled by the education
office. The counseling notes reflect the applicant was “advised
to monitor the Department of Veterans Affairs (DVA), the Air
Force Personnel Center (AFPC), and the Transfer of Educational
Benefits (TEB) website for updates and status.”
Title 38, United States Code (USC), Chapter 33, section
3319(f)(1) states “an individual may transfer such entitlement
only while serving as a member of the armed forces when the
transfer is executed.”
The complete DPSIT evaluation, with attachments, is at Exhibit
C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 17 Sep 12, the applicant clarified his original
contentions. On 15 Oct 09, he went into the TEB website. He
thought there might be a discrepancy with the number of months
he was eligible for, so he transferred all 36 months of his TEB
to his son. The following day he contacted the VA to get
clarification and the method used for calculation was explained
to him, and he was reminded that all transfers had to be
completed while on active duty. On 17 Oct 09, he transferred
18 months of TEB to his daughter. Following his daughter’s
graduation from high school, he discovered that his second
transfer did not take effect. He has no documentation proving
the second transaction took place, only his recollection of the
events at the time.
The applicant’s complete response is at Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted. However, we do not find the
applicant’s assertions sufficiently persuasive to override the
rationale provided by the Air Force office of primary
responsibility. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our decision the
applicant has failed to sustain his burden of the existence of
an error or injustice. In view of the above and in the absence
2
of evidence to the contrary, we find no basis to recommend
granting the relief sought.
________________________________________________________________
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 AFBCMR BC-2012-
03660 in Executive Session on 11 Feb 13, under the provisions of
AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jul 12.
Exhibit B. Applicant’s Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 27 Aug 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 12.
Exhibit E. Letter, Applicant, dated 17 Sep 12.
Acting Panel Chair
Panel Chair
Member
Member
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