Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00662
Original file (BC 2014 00662.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00662
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill Educational 
benefits to his dependents.


APPLICANT CONTENDS THAT:

He is a military veteran living in Washington State who retired 
from active duty Air Force with 24 years of service.  He never 
had the opportunity to use his benefits from the Post 9/11 GI 
Bill or to transfer them to his children.  He needs Department 
of Defense (DoD) approval to transfer the educational benefits 
in his records.  

Several of his retired veteran friends have transferred their 
Post 9/11 GI Bill educational benefits to their children within 
months of their retirement or even after retirement with no 
additional service commitment required.  He feels it is unjust 
that he not be afforded the same opportunity for his children. 

He wrote to the Regional Department of Veteran’s Affairs (DVA) 
and the Educational Officer with the Regional DVA indicated that 
he needed to have the DoD approve the transfer of entitlement to 
have his children (in DEERs) loaded to the Transfer of 
Educational Benefits (TEB) website.  

He feels the Board should find it in the interest of justice to 
consider his untimely application because he was not aware of 
the ability to transfer Post 9/11 GI Bill benefits until 
speaking with several of his retired friends across the country.  
It became relevant since he has four children and two of them 
are now college age.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Feb 
83.

On 31 Mar 07, the applicant retired with 24 years, 1 month and 
24 days of active service.   

On 7 Jan 14, the Department of Veterans Affairs notified the 
applicant to contact his Service component to request his 
transfer of benefit entitlement.

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of 
an error or an injustice.  The Department of Defense (DoD) 
issued a regulation, Directive Type Memo (DTM) 09-003 (reissued 
10 Sep 10), that authorized the Military Departments to offer 
service members the option to transfer benefits.  The transfer 
must be initiated while the member is serving in the Armed 
Forces, which is defined as limited to those on active duty or 
in the Selected Reserve (38 U.S.C. § 3319(f)(l); DTM 09-003, 
Attachment 2(3)(g)(l) (reissued  10 Sep 10); and AFI 36-2306, 
Attachment 9, paragraph A9.18. 

The applicant retired effective 31 Mar 07.  The Transfer of 
Educational Benefits (TEB) Program was signed into law effective 
1 Aug 09.  Based on his retirement date, he retired before the 
TEB program was established and therefore cannot obtain approval 
for a program that did not exist at the time of his retirement. 

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 15 May 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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, including 
attachments, in judging the merits of the case; however, we 
agree with the opinion and recommendation of the Air Force 
office of primary responsibility (OPR) and adopt its rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the requested relief.


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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00662 was considered:

	Exhibit A.  DD Form 149, dated 16 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 19 Mar 14.		
	Exhibit D.  Letter, SAF/MRBR, dated 15 May 14.

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 01703

    Original file (BC 2013 01703.txt) Auto-classification: Denied

    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 | CY2011 | BC-2011-03776

    Original file (BC-2011-03776.txt) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, that the applicant's last day on active duty was 31 Jul 09. The DTM and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. While on terminal leave there were opportunities afforded members currently on terminal leave to extend their retirement effective date an additional 30 days in order to qualify for...

  • AF | BCMR | CY2009 | BC-2009-04574

    Original file (BC-2009-04574.doc) Auto-classification: Approved

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a...

  • AF | BCMR | CY2010 | BC-2009-04574

    Original file (BC-2009-04574.doc) Auto-classification: Approved

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a...

  • AF | BCMR | CY2012 | BC-2012-01391

    Original file (BC-2012-01391.pdf) Auto-classification: Approved

    ________________________________________________________________ THE APPLICANT CONTENDS THAT: He applied for the Post 9/11 GI Bill prior to retirement; however, the transferability portion of the benefit had not been established at that time and believes for that reason he should be given an opportunity to complete this transfer. The applicant states that he applied for the 9/11 GI Bill right before he retired (no date of when this happened), but the transferability requirement for...

  • AF | BCMR | CY2011 | BC-2010-02285

    Original file (BC-2010-02285.doc) Auto-classification: Approved

    If those service members had sought clarification from an educational counselor, read the DOD or Air Force guidance that was very clear on that point, or taken other measures to make a timely decision before their separation or retirement, they could have initiated a timely transfer of benefits. The complete HQ USAF/DPSIT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the...

  • AF | BCMR | CY2013 | BC 2013 04606

    Original file (BC 2013 04606 .txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04606 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 while on active duty. The applicant could have requested to transfer his benefits as early as 1 Aug 09, but would have incurred a four-year active duty service commitment (ADSC) if he had done so. While...

  • AF | BCMR | CY2013 | BC 2013 05219

    Original file (BC 2013 05219.txt) Auto-classification: Approved

    Transferability of unused benefits to dependents: • Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: o Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees...

  • AF | BCMR | CY2012 | BC-2012-01355

    Original file (BC-2012-01355.txt) Auto-classification: Approved

    Directive-Type Memorandum (DTM) 09-003- Post-9/11 GI Bill, 22 Jun 2009, (reissued 14 Sep 2011) attachment 2, paragraph 3g (2) (a) 2 states: "An individual may not add dependents after retirement or separation from the Armed Forces, but may modify the number of months of the transferred benefit after retirement or separation for those dependents who had received transferred benefits prior to separation or retirement." To date, a response has not been received (Exhibit C). Exhibit C. Letter,...

  • AF | BCMR | CY2011 | BC-2011-01722

    Original file (BC-2011-01722.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01722 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, has at least 6...