RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF DOCKET NUMBER: BC-2012-01458
COUNSEL: NO
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits tohis dependents.
APPLICANT CONTENDS THAT:
He was not briefed on the transfer of education benefits
during his retirement out-processing. He was unaware he
could have transferred the education benefits to his
dependents prior to his retirement. He was precluded byhigh-year tenure rules from remaining on active duty toqualify for the program to transfer education benefits tohis dependents.
The applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 13 Dec 88, the applicant contracted his initial
enlistment in the Regular Air Force. He was progressivelypromoted to the grade of major (Maj).
On 4 Oct 05, the applicant was notified that he was notselected for promotion to lieutenant colonel by the calendaryear (CY) 2005 Lieutenant Colonel Central Selection Board(CSB), but was selected for continuation by the MajorSelective Continuation Board.
On 31 Jan 09, the applicant was released from active duty athis mandatory separation date (MSD) and was retired
effective 1 Feb 09.
The remaining relevant facts pertaining to this applicationare contained in the letter prepared by the appropriateoffice of the Air Force, which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidenceof an error or injustice. The applicant is not eligible totransfer education benefits to his dependents because theprogram to transfer education benefits was not in effectwhile he was on active duty. Furthermore, he believes hewas precluded by high-year tenure rules from remaining onactive duty to qualify to transfer education benefits to hisdependents, he was in fact a nonselect for promotion to thenext grade and had to retire on 1 Feb 09.
Under Title 38 United States Code (USC), Chapter 33, servicemembers are allowed to transfer unused educational benefits
to their dependent spouses and children. Any member of theArmed Forces, active duty or Selected Reserves, officer, orenlisted, on or after 1 Aug 09, who is eligible for thePost-9/11 GI bill, has at least six years of service in theArmed Forces on the date of election, and agrees to serve aspecified additional period of in the Armed Forces from thedate of election, may transfer unused Post-9/11 benefits totheir 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 theapplicant on 18 May 12, for review and comment within30 days. As of this date, no response has been received bythis office (Exhibit D).
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided byexisting law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented todemonstrate the existence of error or injustice. We took
notice of the applicants complete submission in judging themerits of the case; however, we are not persuaded theapplicant has been the victim of an error or injustice.
While the applicant contends that he was not properlynotified of the requirements to participate in the transferof his Post-9/11 GI Bill educational benefits, the applicantwas not eligible to do so as he retired several months prior
2
to the 1 Aug 09 effective date of the program. While the
applicant contends that his retirement at his mandatoryseparation date (MSD) precluded him from becoming eligiblefor the program, he has presented no evidence to indicatethat his MSD was erroneously calculated or renders him thevictim of an injustice when compared to other similarlysituated members. Therefore, in the absence of evidence tothe contrary, we find no basis to recommend granting therelief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did notdemonstrate the existence of an error or injustice; theapplication was denied without a personal appearance; andthe 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 DocketNumber BC-2012-01458 in Executive Session on 31 Jan 13,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Mar 12.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 10 May 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 18 May 12.
Panel Chair
3
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APPLICANT CONTENDS THAT: Although he elected to retire prior to the effective date totransfer education benefits to his dependents under Post 9/11 GIBill he would like the opportunity to transfer his remainingbenefits to his son. The applicant has not provided anyevidence of an error or injustice by the Air Force. The complete AFPC/DPSIT evaluation, with attachment, is at Exhibit B.
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