RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00542
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was advised by the Department of Veterans Affairs (DVA) to request Transfer of Education Benefits (TEB) through the Air Force Board for Correction of Military Records (AFBCMR).
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 Nov 10 in the grade of major (0-4).
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating the member did not provide adequate justification or documentation to substantiate approval of his request. The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. Any member of the Armed Forces who, on or after 1 Aug 09, is eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election, may transfer unused Post-9/11 benefits to their dependents. Service Secretaries were required, as of 22 Jun 09, to provide and document counseling regarding these benefits. The Air Force issued AFI 36-2306, Voluntary Education Program, AFGM1 (Air Force Guidance Memorandum) on 23 Jul 09, which required pre-separation counseling be documented on DD Form 2648, Pre-separation Counseling Checklist for Active Component Service Members. The Department of Defense (DoD) developed a special website to facilitate the transfer of educational benefits. On 27 Jun 09, the website was operational for the purpose of accepting transfer of benefits applications. Both the Directive Type Memo (DTM) 09-003: Post-9/11 GI Bill, dated 22 Jun 09 and AFI 36-2306, The Air Force Education Services Program, state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. Based on the facts provided, the applicant received pre-separation counseling and indicated on the DD Form 2648 that he did not desire counseling for educational benefits prior to his retirement. Furthermore, there is no record of him applying for the benefit in the TEB system or Right Now Technology (RNT) systems.
A complete copy of the AFPC/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 24 Feb 13 for review and comment within 30 days. As of this date, no response has been received by this office (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 an 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 the applicant has not provided sufficient evidence that he was denied the opportunity to transfer benefits to his dependent or that he was somehow miscounseled. 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 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-2013-00542 in Executive Session on 16 Dec 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jan 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 5 Feb 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13.
Panel Chair
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