RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04118
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he transferred his Post-
9/11 GI Bill benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT
He retired on 1 Jul 09, and missed the benefits by one month. He
was not officially notified of the program requirement to
qualifying for transferability benefits. If he had been, he
would have extended on active duty to be afforded the opportunity
to pass these benefits on to his family members.
In support of his request, the applicant provides his DD Form
214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant voluntarily retired from active duty on 1 Jul 09.
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 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 38 U.S.C., Chapter 33 (Post-9/11 Educational
Assistance), are able to transfer unused educational benefits to
their dependent spouses or children. 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 benefits,
has at least six years of service in the Armed Force on the date
of election, and agrees to serve a specified additional period in
the Armed Forces on the date of election (if applicable), may
transfer unused Post-9/11 benefits to their dependents pursuant
to Service regulations (38 U.S.C. § 3319(b)(1)). The member went
on terminal leave on 23 Mar 09. No guidance was available on
this program until late May 09. The Air Force did not engage in
a Service-wide effort to seek out members who were already on
terminal leave, or who had completed their pre-separation
counseling, in order to provide them with additional counseling
on the Post-9/11 GI Bill. Based upon his retirement date of
30 Jun 09, the member is not eligible for the program.
The complete AFPC/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 22 Dec 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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 relief sought in this
application.
________________________________________________________________
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-2011-04118 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04831 was considered:
Exhibit A. DD Form 149, dated 27 Sep 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 15 Dec 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.
Panel Chair
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