RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03161
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to apply to transfer his Post-9/11 GI Bill
education benefits to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Somehow, he failed to complete the Statement of Understanding
(SOU) and his request to transfer education benefits (TEB) to
his dependents was rejected. However, he does not recall ever
receiving notification via email of regular mail of his failure
to do so. However, because he has served the additional year of
service required for the TEB anyway, his request should be
approved.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired
on 1 Nov 12.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. Under Title 38 United States Code (USC),
Chapter 33, service members are allowed to transfer unused
educational benefits to their dependent spouses and children.
Any member of the Armed Forces, active duty or Selected
Reserves, officer, or enlisted, on or after 1 Aug 09, who is
eligible for the Post-9/11 GI bill, has at least six years of
service in the Armed Forces on the date of election, and agrees
to serve a specified additional period of in the Armed Forces
from the date of election, may transfer unused Post-9/11
benefits to their dependents. The applicantÂ’s initial
application for transfer was submitted on 1 Feb 2010, but was
followed by three notices sent by AFPC that his application
expired because he failed to sign the SOU, which is required for
an active duty member to be approved to transfer education
benefits to his dependents.
The complete AFPC/DPSIT evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 20 Aug 12 for review and comment within 30 days (Exhibit D).
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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an 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 the evidence presented did not
demonstrate the existence of an 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-2012-03161 in Executive Session on 11 Feb 13, under
the provisions of AFI 36-2603:
, Acting Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jul 26 Jan 12, w/atchs.
Exhibit B. ApplicantÂ’s Master Military Records.
Exhibit C. Letter, AFPC/DPSIT, dated 31 Jul 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 8 Mar 12.
Acting Panel Chair
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