RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03099
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:
It is unjust that he is ineligible due to an arbitrary date in
the law that penalizes him for being made to retire before that
date. He meets all the eligibility requirements for TEB, with
the exception of the 1 Aug 09 implementation date. Due to
manning requirements, the policy of the Air Force at the time of
his retirement was to retire Majors after 20 years of service if
they were twice deferred to Lieutenant Colonel. He had intended
to serve longer, and would have met the letter of the law if he
had not been forced to retire.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from active service effective 1 Nov 07.
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, since the applicant retired in
2007, prior to the 1 Aug 09 effective date of the Post-9/11 GI
Bill Program 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:
He strongly disagrees with the Air Force advisory, and thinks
the recommendation is flawed based on three points:
1) He met all the requirements to qualify for TEB. He had
a five year obligation to serve through 31 Dec 08. Had he known
about TEB at the time, he would have served eight more months
until 1 Aug 09 to secure the benefits.
2) All the eligibility requirements for the Post 9/11
GI Bill started on 11 Sep 01. He accrued all the requirements
prior to the arbitrary date of 1 Aug 09. He would not have been
subject to any additional service time for transferring the
benefits to his dependents had he still been on active duty on
1 Aug 09 because he was retirement eligible.
3) The money is available for him to go to school, so it
should not matter if he decides to transfer said money to his
dependents. It does not matter who is acquiring the degree
(Exhibit E).
_______________________________________________________________
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 (OPR) and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
Other than his own assertions, the applicant has provided no
evidence whatsoever that would convince us the underlying basis
for his retirement was somehow erroneous, insufficient, or that
he has been treated differently than those similarly situated
with respect to his inability to continue to serve until 1 Aug
09 when he indicates he would have elected to transfer his
educational benefits to his dependents. 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-2012-03099 in Executive Session on 27 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 15 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12.
Exhibit E. Letter, Applicant, dated 24 Sep 12.
Panel Chair
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