RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03817
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to accomplish a Post-9/11 GI Bill transfer of
educational benefits (TEB) to his dependent children.
________________________________________________________________
APPLICANT CONTENDS THAT:
The rules for the Post-9/11 GI Bill TEB was not published,
issued, or provided to him prior to his approved retirement date
in May 2008. At no time was he briefed on any additional
requirements to transfer Post-9/11 GI Bill educational benefits
to his dependents. The rules were implemented after his
retirement and prevented any opportunity for him to fully meet
requirements.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents provided by the applicant, he is a former
member of the Regular Air Force who served from 3 September 1982
to 31 May 2009. He was progressively promoted to the rank of
Senior Master Sergeant (SMSgt), E-8, and was retired from active
duty with an honorable characterization of service and credited
with serving 26 years, 6 months and 28 days of active duty
service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
voluntarily submitted for retirement in May 2008. The Post-9/11
GI Bill TEB program started on 1 August 2009. Chapter 38
U.S.C., 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 program was
not in effect at the time of the applicants retirement on
31 May 2009.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 September 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 (OPR) that since the applicant
retired prior to the implementation of the Post-9/11 GI Bill
education program he is not eligible to transfer education
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 this application
in Executive Session on 3 June 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-03817:
Exhibit A. DD Form 149, dated 4 August 2012.
Exhibit C. Letter, AFPC/DPSIT, dated 7 September 2012.
Exhibit D. Letter, SAF/MRBR, dated 17 September 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-2012-03817.
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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