RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02373
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be allowed to file for Post 9/11 GI Bill education
benefits.
2. He be allowed to transfer his Post 9/11 GI Bill education
benefits to his dependent son.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not informed of the opportunity to obtain Post 9-11
education benefits or of the possibility to transfer these
benefits to his dependents. His son, who is in the Air Force,
recently informed him of this transfer of education benefits
program. It seems unfair that those retiring after him would be
informed of these program changes and have opportunities that he
did not have simply because the programs were not fully
developed or advertised before he retired from active duty. He
was qualified to sign up for Post 9-11 benefits and transfer
credits to his dependents but the program was not in place when
he retired.
He retired on 31 July 2002 which was before the program was
developed or advertised. As a retiree he was not kept in the
loop as to these types of program changes and opportunities. He
did not have the opportunity to apply for and transfer education
benefit as those who retired later than he had.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents submitted by the applicant, he retired
from the Air Force on 31 July 2002, in the grade of O-5,
Lieutenant Colonel.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states, the Department of
Veterans Affairs (DVA), DoD, and the military services widely
publicized the Post 9-11 GI Bill and the transferability feature
to make sure every eligible service member understood the
process for transferring benefits. The Transfer of Benefits
(TEB) system began accepting applications as of 27 June 2009,
with an effective date no earlier than 1 August 2009.
The program was not in effect at the time of the applicants
retirement on 31 July 2002. The applicant provides no evidence
of error or injustice on the part of the United States Air
Force.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 July 2012, for review and comment within 30 days
(Exhibit C). 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 applicant's submission, we
believe that relief is not warranted in this case. Therefore, 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 the applicant has not been the victim of an error
or injustice. In view of the above and in the absence of evidence
to the contrary, 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 this application
in Executive Session on 11 February 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02373 was considered:
Exhibit A. DD Form 149, dated 25 April 2012, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 19 June 2012.
Exhibit C. Letter, SAF/MRBR, dated 16 July 2012.
Panel Chair
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