RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01938
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
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APPLICANT CONTENDS THAT:
During his retirement out-processing he was informed that he
could not transfer his benefits. The statute has since changed.
According to the Department of Veterans Affairs (DVA) - a member
may transfer benefits if he/she is or becomes eligible to retire
during the period from 1 August 2009 through 1 August 2013. He
retired effective 30 November 2010. Therefore, he should be
allowed to transfer his benefits.
In support of the applicants appeal, he provides documents from
the DVA and a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicant's complete submission, with attachments is at
Exhibit A.
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STATEMENT OF FACTS:
On 1 December 2010, the applicant retired in the grade of
lieutenant colonel after serving 20 years and 16 days on active
duty.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, is eligible for the Post-9/11 GI Bill, has at least
6 years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
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AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
indicated that during retirement out-processing he was told he
could not transfer his education benefits. That information was
correct based on the facts of the situation. The applicant
received education counseling on 18 February 2010. As his Total
Active Federal Military Service Date (TAFMSD) was 15 November
1990, he would incur a one year Active Duty Service Commitment
(ADSC) to be approved for TEB IAW AFI 36-2306, Attachment 9,
A9.18.1.4. Based on his approved retirement date of 30 November
2010, he could not fulfill the required ADSC/Obligation for TEB
and therefore was ineligible.
The DPSIT complete evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days (Exhibit
C). As of this date, no response has been received by this
office.
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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. The
applicants contentions are duly noted; 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.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an 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.
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The following members of the Board considered AFBCMR Docket
Number BC-2013-01938 in Executive Session on 16 December 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 April 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 1 May 2013.
Exhibit C. Letter, SAF/MRBR, dated 19 May 2013.
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AF | BCMR | CY2013 | BC-2013-01521
He was not informed by the DVA or the Air Force of the need to transfer the benefits. Had the applicant gone onto the Air Forces website to transfer benefits - he would have been approved and would have found out about the ADSC he would have incurred as a result of the transfer of benefits. Exhibit C. Letter, SAF/MRBR, dated 3 May 2013.
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 | CY2013 | BC 2013 01117
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 there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational...
AF | BCMR | CY2013 | BC 2013 03316
At the time, there was no indication of any other required steps to complete. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 10 Jul 2009, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents. Exhibit C. Letter,...
AF | BCMR | CY2013 | BC 2013 03973
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...
AF | BCMR | CY2013 | BC-2013-00146
DPSIT states that there is no documentation or evidence to support that the applicant initiated action to obtain the 4 year retainability required for the TEB active duty service commitment (ADSC). As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00146 in Executive Session on 4 Nov 2013, under the provisions of AFI 36-2603: ,...
AF | BCMR | CY2013 | BC 2013 03804
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03804 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records to be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while on active duty. 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...
AF | BCMR | CY2013 | BC 2013 05014
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05014 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her Post 9/11 GI Bill Transfer of Education Benefits (TEB) be reestablished based on the contract she signed in Jun 10 and the remaining Active Duty Service Commitment (ADSC) for the TEB be waived. In Jun 10, when she was approved for the Post 9/11 GI Bill TEB, she incurred a four-year ADSC of 24 Jun 14 (HYT for...
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He understands that this is not an overnight process and asks for understanding and hopes that the Board finds in his favor. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 29 September 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits. Exhibit C. Letter, SAF/MRBR, dated 10 January 2014.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04928 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 17 Aug 11. He should be granted the 17 Aug 11 TEB transfer date because he met the requirements by signing the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of...