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AF | BCMR | CY2012 | BC-2012-01851
Original file (BC-2012-01851.pdf) Auto-classification: Denied
  

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 
 

 
 

 
 
 

 
 
 

 
 
 

DOCKET NUMBER:  BC-2012-01851 
COUNSEL:  NONE 
HEARING DESIRED: NOT INDICATED 

IN THE MATTER OF: 
 
  
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  allowed  to  transfer  36  months  of  his  Post  9/11  Montgomery 
GI Bill (MGIB) benefit to his daughter.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  unaware  that  he  had  to  transfer  his  education  benefits 
while still on active duty.   
 
The  applicant  does  not  provide  any  evidence  in  support  of  his 
appeal.   
 
The applicant’s complete submission is at Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  is  a  former  member  of  the  Regular  Air  Force  who 
retired effective 1 July 2003 in the grade of major (O-4).   
 
The  remaining  relevant  facts,  extracted  from  the  applicant’s 
military service records, are reflected in the evaluation by the 
Air Force office of primary responsibility at Exhibit B.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIT  recommends  denial.    DPSIT  states  that  one  of  the 
requirements to be eligible to use the Post 9/11 MGIB TEB program 
was  for  the  member  to  be  on  active  duty  on  1  August  2009,  the 
effective date of the Post 9/11 MGIB TEB program.  The applicant 
retired  effective  1  July  2003,  before  the  effective  date  of  the 
Post 9/11 MGIB TEB program.   
 
The complete AFPC/DPSIT evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
He  is  deeply  disappointed  by  the  recommendation  made  by  the  Air 
Force  office  of  primary  responsibility.    He  was  advised  to 
participate in this program when he came onto active duty.  Funds 
were  taken  from  his  wages,  but  significant  restrictions  have 
prevented  him  from  being  able  to  utilize  the  money,  which  is 
rightfully  his.    He  just  recently  learned  of  the  TEB  program 
through  the  members  of  his  local  American  Legion  Hall.    He  has 
unsuccessfully  made  attempts  to  utilize  these  funds  over  the 
years.   
 
The applicant’s complete rebuttal is at Exhibit D.   
 
_________________________________________________________________ 
 
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 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 that the applicant has 
not been the victim of an error or injustice.  While we note the 
applicant’s  claim  that  he  was  advised  to  participate  in  this 
program  when  he  came  onto  active  duty;  it  appears  that  he  is 
actually  referring  to  the  MGIB  as  he  retired  prior  to  the 
establishment of the Post 9/11 GI Bill program and thus does not 
qualify to transfer these benefits to his dependents.  Therefore, 
we find no 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 issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  that 
the  application  was  denied  without  a  personal  appearance;  and 
that  the  application  will  only  be  reconsidered  upon  the 
submission  of  newly  discovered  relevant  evidence  not  considered 
with this application. 

 
 

2 

 
 
 

 
 
 

 
 
 

    
   
   

, Panel Chair  
, Member 
, Member 

 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01851  in  Executive  Session  on  8  January  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
The  following  documentary  evidence  was  considered  in  connection 
with AFBCMR Docket Number BC-2012-01851: 
 
 
 
 
 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 11 Apr 12. 
Exhibit B.  Letter, AFPC/DPSIT, dated 31 May 12. 
Exhibit C.  Letter, SAF/MRBR, dated 19 Jun 12. 
Exhibit D.  Letter, applicant, dated 6 Jul 12. 

 
 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

3 



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