RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00973
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his daughter while he was on active duty.
APPLICANT CONTENDS THAT:
He was unaware of the requirement to transfer his Post-9/11 GI Bill TEB before he retired. He served for approximately 15 years in the Regular Air Force, four years in the Reserve, with the remainder of his service in the Texas ANG for a total of 22.5 years of service. He was never told of the requirement to transfer his educational benefits either while serving, when sign up for the Post-9/11 GI Bill, or as he went through the retirement process. He would have completed the application process on time had he known.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air National Guard in the grade of First Lieutenant during the matter under review.
Under Reserve Order EK-2901, dated 2 Mar 11, the applicant was assigned to the Retired Reserve, effective 8 Jul 2011.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
NGB/A1Y recommends denial indicating there is no evidence of an error or an injustice. The Post-9/11 GI Bill program became effective 1 Aug 09. Public Law No 110-252, §3319(f)(1) states an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. The Department of Veteran Affairs (DVA), the Department of Defense (DoD) and the Military Services widely publicized the Post-9/11 GI Bill TEB feature. The Air National Guard implemented a communication plan, using the Retention Office Managers (ROM) at each Wing to serve as spokespersons to disseminate information to unit members on the Post-9/11 GI Bill and TEB program using internal media, internal communications tools, and external trade publications.
The ROM for the applicants unit states he briefs all unit members on the requirement for TEB as well as disseminating the information through the unit Public Affairs office for mass notification cover and through quarterly briefings to the Unit Career Advisors. The DMDC transfer of benefits website has a feature that tracks a members transfer record. There is no record indicating the applicant attempted to transfer his benefits. Based upon the date he was initially eligible for retirement, the applicant would have incurred an additional one-year active duty service commitment (ADSC) for transferring his benefits.
A complete copy of the NGB/A1Y 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 28 Jul 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants 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 (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 members of the Board considered AFBCMR Docket Number BC-2014-00973 in Executive Session on 13 Jan 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1Y, dated 9 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
3
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
1
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
1
AF | BCMR | CY2013 | BC 2013 03975
________________________________________________________________ APPLICANT CONTENDS THAT: Prior to retiring from the Air Force, he was incorrectly informed that his dependents listed in the Defense Enrollment Eligibility Reporting System (DEERS) would appear as potential Post-9/11 GI Bill beneficiaries. During the briefings, members were strongly advised to transfer at least month of benefits to all eligible dependents prior to their retirement, as dependents are ineligible to receive...
AF | BCMR | CY2012 | BC-2012-03206
He would have transferred his benefits had he been informed. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial, indicating the Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. ________________________________________________________________ The following...
AF | BCMR | CY2014 | BC 2014 00447
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00447 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents without incurring an additional Active Duty Service Commitment (ADSC). Per AFI 36-2306, Voluntary Education Program, A9.18.1.4.2, dated 13 August 2010, for those members eligible for retirement on 1 August 2009, no additional...
AF | BCMR | CY2014 | BC 2014 00585
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00585 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits to his dependents while on active duty. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2013 01282
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01282 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her dependent. However, the applicants request was for the TEB to her dependent. In this case, the applicant argues she was never briefed on the rules and regulations governing the...
AF | BCMR | CY2013 | BC 2013 02017
Therefore, he was entitled to benefits under the Post 9/11 GI Bill program in his own right. The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends approval, indicating there is no evidence the applicant received guidance on the Post 9/11 GI Bill or instructions to...
AF | BCMR | CY2014 | BC 2014 02569
APPLICANT CONTENDS THAT: Prior to his retirement in Sept 09 he submitted a request online through his personnel office to transfer his Post 9/11-GI Bill Education Benefits to his children. The applicant states, that the OPR is correct in that he was briefed on the Post 9/11-GI Bill and the process to transfer his educational benefits. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 Sep 09, he...
AF | BCMR | CY2013 | BC 2013 05450
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05450 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill education benefits to his dependents. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1Y recommends granting...
AF | BCMR | CY2014 | BC 2014 00672
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00672 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: Prior to his retirement out-processing, he attempted to transfer education benefits to his dependent, but was unable to due to technical difficulties with the website. The remaining relevant facts...
AF | BCMR | CY2012 | BC-2012-05048
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05048 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependents. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is...