RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02603
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11
GI Bill educational benefits to his dependents while he was on
active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He separated soon after the Post-9/11 GI Bill was announced. It
was so new he was unable to get accurate information regarding
his eligibility. The Department of Veterans Administration
(DVA) would refer him to the Air Force and the Air Force would
refer him to the DVA. Thus, he retired without having the
opportunity to enroll. He found out later he was eligible as a
result of his service in Iraq from May through Oct 07. Had he
known about the Transfer of Educational Benefits (TEB) he would
have postponed his retirement.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from active service on 13 Apr 08.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. 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 applicant retired effective 13 Apr 08. TEB program
implementation started 1 Aug 09. Title 38, Chapter 33, §
3319(f)(1) states an individual
may transfer such entitlement
only while serving as a member of the armed forces when the
transfer is executed. We find there has been no injustice
regarding the applicant not receiving adequate counseling
required by law and DoD regulation.
A complete copy of the 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 27 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 untimely 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 (OPR) 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 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-2012-02603 in Executive Session on 27 Mar 54, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 27 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12.
Panel Chair
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