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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