RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02528
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
The option to transfer Post 9/11 education benefits to his
dependents was not available prior to his retirement.
He was not adequately informed about options to create
conditions that would have allowed him to transfer benefits to
his dependents. If he were informed, he would have extended his
service to allow the transfer of Post 9/11 education benefits to
his dependents. He meets all qualifications for eligibility and
was awarded Post 9/11 education benefits for himself.
In support of his request, the applicant provides copies of his
Department of Veterans Affairs (DVA) Certificate of Eligibility
and DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of colonel
effective 1 Jul 2004.
Post 9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve, officer or enlisted) on or after 1 Aug
2009, who is eligible for the Post 9/11 GI Bill, and:
* 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.
* Has at least 10 years of service in the Armed Forces
(active duty and/or selected reserve) on the date of
election, is precluded by either standard policy (service
or DoD) or statute from committing to four additional
years, and agrees to serve for the maximum amount of time
allowed by such policy or statute, or
* Is or becomes retirement eligible during the period from
1 Aug 2009, through 1 Aug 2013. A service member is
considered to be retirement eligible if he or she has
completed 20 years of active duty or 20 qualifying years of
reserve service.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIT recommends denial. DPSIT states the applicant was
not on active duty on or after 1 Aug 2009, therefore, he is not
eligible to transfer benefits to his dependents. The applicant
provides no evidence of error or injustice on the part of the
Air Force.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 Oct 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
C).
________________________________________________________________
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 the applicant has not
been the victim of an error or injustice. Therefore, 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 AFBCMR Docket
Number BC-2012-02528 in Executive Session on 8 Jan 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-02528:
Exhibit A. DD Form 149, dated 7 May 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 2 Jul 2012.
Exhibit C. Letter, SAF/MRBR, dated 22 Oct 2012.
Panel Chair
2
2
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