RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04831
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he is eligible to
transfer his Post-9/11 GI Bill benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT
On 11 Jul 09, he was forced into medical retirement due to
medical problems that occurred while he was on active duty. The
fact he had to retire before being eligible to transfer his Post-
9/11 GI Bill benefits on 1 Aug 09 is unjust.
In support of his request, the applicant provides his DD Form 214 Certificate of Release or Discharge from Active Duty, his
retirement orders, and his enrollment for the Montgomery GI Bill
Act of 1984.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 Jul 09, the applicant was permanently disability retired
from active duty.
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 Serve regulations (38 U.S.C. § 3319(b)(1)). The member is not
eligible for the program based upon his retirement date of
11 Jul 09.
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 13 Jan 12 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.
While it is regrettable the applicant was permanently retired for
physical disability so close to attaining eligibility to transfer
his Post-9/11 GI Bill benefits, he has presented no evidence of
an error or injustice in his disability processing, to include
the manner in which his ultimate retirement date was calculated.
Therefore, in the absence of evidence that he was treated
differently than those similarly situated, 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-2011-04831 in Executive Session on 3 Apr 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 6 Jan 12.
Exhibit D. Letter, SAF/MRBR, dated 13 Jan 12.
Panel Chair
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