RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02319
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His option to transfer unused Post 9/11 GI Bill education
benefits to his spouse and children be approved.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not afforded the opportunity to transfer his benefits to
his dependents due to the fact that he retired before the Post
9/11 GI Bill education benefits transfer came into effect on
1 August 2009. If he had been given the option to transfer
benefits there is no doubt that he would have done so and
completed any necessary military obligation. He currently has
two dependents attending college and having the ability to
transfer his Post 9/11 GI Bill education benefits would greatly
assist in their educational needs.
There has been a lot of confusion regarding whether a retiree
could transfer their benefits to their dependents and also the
proper procedure used to transfer benefits. With clearer
guidance he believes more retirees will apply to transfer their
benefits to their dependents.
The applicant did not provide any documents in support of his
request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the Automated Records
Management System (ARMS), the applicant is a former member of
the Regular Air Force who served from 22 March 1982 to
31 July 2007. He was trained and served as an Munitions Systems
Superintendent and was progressively promoted to the rank of
Senior Master Sergeant (SMSgt), with a pay grade of E-8,
effective 1 April 2004. He was retired from active duty with an
honorable characterization of service and credited with serving
25 years, 4 months and 10 days of active duty service.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the program was not
in effect at the time of the applicants retirement on 31 July
2007. The applicant has provided no evidence of error or
injustice on the part of the United States Air Force.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 June 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). To date, this office has not received a response.
________________________________________________________________
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. After a thorough
review of the evidence of record and the applicant's submission,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) that since the applicant
retired prior to the implementation of the Post 9/11 GI Bill
education program he is not eligible to transfer education
benefits and he has not been the victim of an error or injustice.
In view of the above, we find no basis to recommend granting the
relief sought in this application.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02319 in Executive Session on 11 February 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 May 2012.
Exhibit B. Applicants Master Personnel Record
Exhibit C. Letter, AFPC/DPSIT, dated 12 June 2012.
Exhibit D. Letter, SAF/MRBR, dated 25 June 2012.
Panel Chair
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