RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00066 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her record be corrected to reflect that she transferred her Post-9/11 GI Bill benefits to her daughter, effective Feb 10, instead of Jul 10. ________________________________________________________________ APPLICANT CONTENDS THAT: She intended to transfer some of her benefits to her daughter to attend college in Feb 10, but was unable to access the Air Force Portal sites to complete the transfer. When she finally accessed the site, she was unable to make the transfer to her daughter as she was not enrolled as an authorized beneficiary. By the time all the appropriate steps were accomplished, it was Jul 10 before she was able to make the transfer, and she was not allowed to adjust the effective date to coincide with the date her daughter began her course of instruction. In retrospect, the process was not clear and there was confusion on multiple ends. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she served in the Regular Air Force in the grade of master sergeant (E-7) and was retired for length of service on 1 Apr 11 and was credited with 25 years, 1 month, 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 attached at Exhibits C. ________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA recommends denial, indicating there is no evidence of an error or injustice. While it is unfortunate the applicant advised her daughter to begin classes before she had an approved transfer of benefits, there are no stated or implied provisions in statute, code, DoD guidance, or Air Force instruction which indicates that a member can enroll their dependents in college and expect retroactive benefits if the dependent begins classes before benefits are transferred and the required Department of Veterans Affairs (DVA) eligibility certificates are obtained. A complete copy of the AF/A1PA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends that a series of unrelated events precluded her from making a timely transfer of benefits. She was tasked with a short-notice temporary duty (TDY) assignment, Mar – Jun 09, and was subsequently deployed overseas for an operational deployment in Aug 09. While deployed, she learned of her teen daughter’s unexpected pregnancy. She returned from deployment in Jan 10, just in time to see the birth of her granddaughter. With the negative connotations of another teen pregnancy looming, she was excited at the prospect of her daughter’s interest in attending college and told her to “go for it.” She believed at that time, that she would have been able to accomplish all that needed to be done to transfer her benefits to her daughter in time and did not want to discourage her enthusiasm to make better of herself. The fact that her former husband was her daughter’s sponsor in the Defense Eligibility/Enrollment and Reporting System (DEERS) created a lot of strife and also served to exacerbate the situation. During this time, she was also going through a divorce which became final in Dec 2010. In support of her response, the applicant provides an expanded statement and copies of her TDY orders, Contingency/Exercise/Deployment (CED) orders, her granddaughter’s birth certificate, and documentation related to her divorce. A complete copy of the applicant’s response, with attachments, 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 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, including her response to the Air Force evaluation, 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 that the applicant has not been the victim of an error or injustice. We note the applicant’s assertions on rebuttal that a series of unrelated events precluded her from taking timely action to initiate the transfer of benefits; however, she has provided no evidence that her decision to allow her daughter to enroll in a course of instruction before taking action to transfer her educational benefits constitutes an error on the part of the Air Force or an injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2011-00066 in Executive Session on 29 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00066 was considered: Exhibit A. DD Form 149, dated 27 Dec 10. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AF/A1PA, dated 3 Feb 11. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11. Exhibit E. Letter, Applicant, undated, w/atchs. Panel Chair