RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02830
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not briefed on the proper procedure for transferring his
benefits prior to his retirement in June 2008.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSIT recommends denial since the applicant retired effective 30
June 2008 and the program for the transfer of benefits was not
effective until 1 August 2009. Title 38 USC, Chapter 33, Section
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.
The DPSIT complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 August 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
_________________________________________________________________
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 an error or injustice. The
applicants contentions are duly noted; 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 that the applicant has not been the victim of an error
or injustice. Therefore, we find no basis to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an 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-2012-02830 in Executive Session on 11 February 2013,
under the provisions of AFI 36-2603:
Although XXX was the Panel Chair, in view of his sudden
death, XXX is signing as Acting Panel Chair. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2012-02830 was considered:
Exhibit A. DD Form 149, dated 2 July 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 12 August 2012.
Exhibit C. Letter, SAF/MRBR, dated 7 August 2012.
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