RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03833
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not properly briefed on the new or pending changes in
educational benefits prior to his retirement. He also believes
he was discriminated against due to his retirement date. The
requirements were less stringent for those retiring after him.
He honorably served 23-plus years in the military.
In support of his request, the applicant submits a copy of a
letter from the Department of Veterans Affairs.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Effective 1 Jul 08, the applicant was retired from the Regular
Air Force. He served 23 years and 5 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSIT recommends denial since the program was not in effect at
the time of the applicants retirement.
The complete DPSIT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates much of his earlier contentions. He
feels he should be afforded the same rights and benefits as the
service members who were eligible for the Post 9/11 GI Bill
Transfer entitlement. He notes that almost seven years of his
service was completed during the Post 9/11 era and he should be
afforded the entitlement.
The applicants complete submission 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 error or injustice. In this
respect, we note the applicant retired effective 1 Jul 08, well
before the 1 Aug 09 effective date established by law for
Transfer of Post-9/11 GI Bill Benefits to Dependents (TEB). As
such, he is precluded by law from being eligible to participate
in the TEB. Therefore, in the absence of evidence to the
contrary, we find no legal 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 issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 Feb 12, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in BC-2011-
03833:
Exhibit A. DD Form 149, dated 30 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIT, dated 13 Oct 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11.
Exhibit E. Letter, Applicant, dated 28 Nov 11.
Panel Chair
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