RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05795
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill educational
benefits to her dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She was not aware of or briefed on transferring Post-9/11
education benefits to her dependents prior to her retirement.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The 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 B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating the applicant retired
effective 1 Jun 04 and the program for the Transfer of Benefits
started 1 Aug 09. Since 38 USC, Chapter 33, Section 3319 (f)(1)
states an individual
may transfer such entitlement only while
serving as a member of the armed forces when the transfer is
executed, denial is the only recommendation. There has been no
injustice to the extent that the service member did not receive
adequate counseling as required by law and DoD regulation.
The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09.
Any member of the Armed Forces who, on or after 1 Aug 09, is
eligible for the Post-9/11 GI Bill, had at least six years of
service on the date of election may transfer unused Post-9/11
benefits to their dependents.
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 11 Jan 13, for review and comment within 30 days
(Exhibit C). 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 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 the
applicant has not been the victim of an error or 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 an 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-2012-05795 in Executive Session on 24 Sep 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05795 was considered:
Exhibit A. DD Form 149, dated 12 Dec 12.
Exhibit B. Letter, AFPC/DPSIT, 2 Jan 13.
Exhibit C. Letter, SAF/MRBR, dated 11 Jan 13.
Panel Chair
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