RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02142
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show he is eligible for the
Post-9/11 GI Bill Transfer of Education Benefits (TEB).
_________________________________________________________________
APPLICANT CONTENDS THAT
He was never briefed on, made aware of, or given information on
the Post-9/11 GI Bill TEB Program.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 Jun 07, the applicant was relieved from active duty and
retired for length of service, effective 1 Jul 07.
For the first time in history, service members enrolled in the
Post-9/11 GI Bill Program 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
Bill, has at least six years of service in the Armed Forces on
the date of election, and agrees to serve four additional years
in the Armed Forces from the date of election can transfer their
unused Post-9/11 benefits to their dependents (Title 38 USC,
Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33,
§ 3319(f)(1) adds that the transfer of such entitlement can only
be done while serving as a member of the armed forces when the
transfer is executed.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. The TEB program was not in effect at the
time of the applicants retirement in 2007. In order to be
eligible to transfer his benefits, he would have had to retire no
earlier than 1 Aug 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 19 Jun 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.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
4. The applicants 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 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-2012-02142 in Executive Session on 8 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 21 May 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 7 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
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