RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03096
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 G.I. Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not offered an opportunity to transfer his Post-9/11 G.I.
Bill benefits to his dependents before he retired. He would like
to transfer his education benefits to his dependents so that they
can go to college.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 31 Jan 09 in the
grade of technical sergeant.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial since the applicant retired on
31 Jan 09 and the Transfer of Benefits (TEB) did not begin until
1 Aug 09. 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 complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation were forwarded to the
applicant on 6 Aug 12 for review and comment within 30 days. As
of this date, this office has received no 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. 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 that since the
applicant retired prior to the implementation of the Post-9/11
G.I. 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-2012-03096 in Executive Session on 27 Mar 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2012-
03096 was considered:
Exhibit A. DD Form 149, dated 5 Jul 12.
Exhibit B. Letter, APFC/DPSIT, dated 23 Jul 12.
Exhibit C. Letter, SAF/MRBR, dated 6 Aug 12.
Panel Chair
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