RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03442
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 served 20 years and met all requirements of the Post-9/11 G.I.
Bill; however, the option to transfer unused educational benefits
to eligible family members was not presented to him as an option
during his retirement briefing. It is unjust the program was not
made retroactive to allow members retiring prior to 1 Aug 09 to
transfer their benefits to their dependents.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 30 Nov 07.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate offices of
the Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The Transfer of Benefits (TEB) did
not begin until 1 Aug 09 and the applicant retired on 30 Nov 07,
which was well before the programs establishment. 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:
The Post-9/11 G.I Bill was enacted by Congress to provide
veterans who served on active duty after 11 Sep 01 with an
enhanced educational assistance benefit. However, the program
was evolving and there were numerous changes to ensure the Bill
represented the true gratefulness that Congress intended.
Unfortunately, Congress did not take into account that a large
majority of the brave members of the Armed Forces who were called
upon to defend our Nation would be excluded from one of the most
important and historical amendments of the Bills
transferability.
It is a clear injustice and produces a severe inequality if an
individual meets all the eligibility requirements, but cannot
utilize the most important amendment that allows educational
benefits to be transferred to dependents. He served more than
6 years after 11 Sep 01 and was no less arduous than any other
member that completed their service after 1 Aug 09.
The applicants complete submission is at Exhibit D.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2012-03442 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 20 Jul 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 14 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12.
Exhibit D. Letter, Applicant, dated 14 Sep 12.
Panel Chair
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