RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03244
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His option to transfer his unused Post-9/11 GI Bill educational
benefits to his dependents be approved.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never given the opportunity to transfer his Post-9/11 GI
Bill educational benefits to his dependents due to lack of
information, literature and guidance on the proper procedures.
He started his terminal leave on 1 May 2008, after 20 years of
service. The Post-9/11 GI Bill Transfer of Education Benefits
(TEB) program was new and information was very limited. He has
two dependents in college and would like to transfer his Post-
9/11 GI Bill educational benefits to them.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the Automated Records
Management System (ARMS), the applicant is a former member of
the Regular Air Force who served from 1 August 1988 to
31 August 2008. He was retired from active duty with an
honorable characterization of service and credited with serving
20 years and 1 month.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
retired on 31 August 2008. The program entitling the transfer
of educational benefits started on 1 August 2009. Title 38
U.S.C., Chapter 33, Section 3319 (f) (1), DoD Directive Type
Memo (DTM), and AFI 36-2306, Voluntary Education Program, state
the transfer of educational benefits must be made while an
individual is serving as a member of the Armed Forces when the
transfer is executed.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 August 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). To date, a response has not been received.
_________________________________
_______________________________
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. After a thorough
review of the evidence of record and the applicant's submission,
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 GI Bill Transfer of
Education Benefits (TEB) program, he is not eligible to transfer
educational 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 in Executive
Session on 9 May 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-03244:
Exhibit A. DD Form 149, dated 10 July 2012.
Exhibit B. Applicants Master Personnel Record
Exhibit C. Letter, AFPC/DPSIT, dated 13 August 2012.
Exhibit D. Letter, SAF/MRBR, dated 27 August 2012.
Panel Chair
?
AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762
Dear:
Reference your application submitted under the provisions of AFI 36-2603 (Section 1552,
10 USC), AFBCMR Docket Number BC-2012-03244.
After careful consideration of your application and military records, the Board determined
that the evidence you presented did not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.
You have the right to submit newly discovered relevant evidence for consideration by the
Board. In the absence of such additional evidence, a further review of your application is not
possible.
BY DIRECTION OF THE PANEL CHAIR
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
3
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
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