RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03304
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill Educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to continue his career in the Air Force due to
injuries he received in Iraq. He served honorably in the Air
Force for over 13 years. Had he been able to continue serving
in the Air Force he would have been able to transfer his
education benefits to his dependents.
His combat injuries have prevented him from gaining employment,
resulting in lower pay, which has caused a financial hardship
for his family. The cost of college would only compound this
hardship. He is being penalized because he was unable to
continue to serve in the Air Force, which was beyond his
control.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was medically retired from the Air Force in the
grade of staff sergeant (SSgt, E-5) effective 13 Jun 2005. He
served 13 years, 6 months and 2 days of active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIT recommends denial. DPSIT states the applicant was
not on active duty on or after 1 Aug 2009, therefore, he is not
eligible to transfer benefits to his dependents. The applicant
provides no evidence of error or injustice on the part of the
Air Force.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 Aug 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
C).
________________________________________________________________
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 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 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-2012-03304 in Executive Session on 11 Feb 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jul 2012, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 10 Aug 2012.
Exhibit C. Letter, SAF/MRBR, dated 27 Aug 2012.
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AF | BCMR | CY2012 | BC-2012-03477
AFPC indicated they used the application date not the retirement date to determine eligibility. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09 who is eligible for the Post-9/11 GI Bill and has at least six years of service in the Armed Forces on the date of election can transfer their unused Post-9/11 benefits to their dependents. In accordance with AFI 36-3203, Service Retirements, paragraph 2.22, Request for Withdrawal or Change...
AF | BCMR | CY2012 | BC-2012-01770
She should have the same rights as those who received a retirement date on or after Aug 09, that were allowed to transfer their education benefits. The Transfer of Education Benefits (TEB) program was implemented on 1 Aug 09 and required that you be on active duty at the time of transfer. _________________________________________________________________ The following members of the Board considered Docket Number BC-2012-01770 in Executive Session on 13 Nov 12, under the provisions of AFI...
AF | BCMR | CY2012 | BC-2012-03160
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03160 XXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The official records be corrected to show her deceased spouse transferred his Post-9/11 GI Bill educational benefits to her while he was on active duty. ________________________________________________________________ THE BOARD RECOMMENDS...
AF | BCMR | CY2012 | BC-2012-01462
APPLICANT CONTENDS THAT: Although he elected to retire prior to the effective date totransfer education benefits to his dependents under Post 9/11 GIBill he would like the opportunity to transfer his remainingbenefits to his son. The applicant has not provided anyevidence of an error or injustice by the Air Force. The complete AFPC/DPSIT evaluation, with attachment, is at Exhibit B.
AF | BCMR | CY2012 | BC-2012-02603
Had he known about the Transfer of Educational Benefits (TEB) he would have postponed his retirement. 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, indicating there is no evidence of an error or injustice. For the first time in history,...
AF | BCMR | CY2012 | BC-2012-05320
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05320 COUNSEL: NO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependent son while he was on active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air...
AF | BCMR | CY2012 | BC-2012-04096
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, indicating there is no evidence of an error or injustice. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the...
AF | BCMR | CY2012 | BC-2012-03678
________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 29 November 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. Exhibit C. Letter, AFPC/DPSIT, dated 24 Aug 12. Exhibit D. Letter, SAF/MRBR, dated 29 Aug 12.
AF | BCMR | CY2012 | BC-2012-00223
The Public Law states in part, that “an individual may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.” Articles were published that explained the program benefits and requirements. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-00223 in Executive Session on 13 Sep 12, under the provisions of AFI 36-2603: Panel Chair Member Member All...
AF | BCMR | CY2012 | BC-2012-03571
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03571 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. The program for Transfer of Educational Benefits (TEB) started 1 Aug 09. On 31 August 2009, he elected to...