RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03477
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill education
benefits to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His intentions were to give his dependents the GI Bill. The GI
Bill allowed him to transfer his benefits; however, with
stipulations that he was not aware of.
The first stipulation was for those with an approved retirement
date after 1 Aug 09, and before 1 Jul 10, would qualify with no
additional service.
The second was for those eligible for retirement after 1 Aug 09,
but before 1 Jul 10, could qualify with one additional year of
service, after approval to transfer their Post 9/11 GI Bill
benefits.
On 10 Feb 2010, he applied to transfer his Post 9/11 benefits
and it was denied for lack of service commitment. AFPC
indicated they used the application date not the retirement date
to determine eligibility. However, he was informed that he
could either move his retirement date to 1 Mar 11, to meet the
requirement, or move his retirement date before 1 Jul 10 to meet
the first stipulation noted above. He was later informed that
he could only withdraw or change his retirement date if he had a
severe hardship or was promoted. Consequently, AFPC would not
extend his enlistment beyond his DOS.
He followed the guidelines and advice given to him, but was
denied due to having an approved retirement date.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and various other documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant retired in the grade of technical sergeant (E-6)
effective 1 Sep 10, after serving 21 years and 21 days on active
duty.
Service members enrolled in the Post-9/11 GI Bill program are
able to transfer unused educational benefits to their spouses or
children. 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.
However, the transfer of such entitlement can only be done while
serving as a member of the Armed Forces when the transfer is
executed.
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 B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
applied for retirement on 31 Dec 09, with a retirement date of
1 Sep 10. The member states in his email to his First Sergeant
that there are a couple of stipulations that apply to him, but
the first stipulation does not apply to the applicant; however,
the second one does but the member failed to act on it. The
applicant subsequently tried to apply for Transfer of
Educational Benefits (TEB) on 10 Feb 10, and was denied.
In accordance with AFI 36-3203, Service Retirements, paragraph
2.22, Request for Withdrawal or Change of Month: When a member
gives a signed retirement package to the Military Personnel
Flight (MPF), the member cannot withdraw the application, nor
can the member change the approved retirement date except for
the following reasons: severe hardship not common to Air Force
members; in the best interest of the Air Force; or to accept an
active duty promotion that requires the member to serve past the
requested or approved retirement date. To request withdrawal or
change to the month of retirement, the member must submit
written justification. Hardship would be the only case for a
member to change his retirement date. Based on the above
information, the applicant failed to apply for the benefit prior
to submitting his retirement application.
The complete DPSIT evaluation, with attachment, is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 Aug 12, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
_
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 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 that 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 Docket Number
BC-2012-03477 in Executive Session on 11 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2012-03477 was considered:
Exhibit A. DD Form 149, dated 18 Jul 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 15 Aug 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12.
Acting Panel Chair
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