RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03820
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware that transfer of education benefits to
dependents had to be done while on active duty.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Any member of the Armed Forces on or after 1 August 2009, who, at
the time of the approval of the individual's request to transfer
entitlement to educational assistance under this section, is
eligible for the Post-9/11 GI Bill, has at least 6 years of
service in the Armed Forces (active duty and/or Selected Reserve)
on the date of election and agrees to serve a specified
additional period in the Armed Forces from the date of election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSIT recommends denial since the applicant retired effective 1
May 2003 and the program for the transfer of benefits was not
effective until 1 August 2009. 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. They find there has been no injustice to
the extent that the service member did not receive adequate
counseling as required by law and DoD regulation.
The DPSIT complete evaluation is at Exhibit B.
_________________________________________________________________
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 response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
_________________________________________________________________
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 an error or injustice. After a
thorough review of the evidence of record and the applicants
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 TEB program he is not eligible to transfer benefits to his
dependents. In view of this, we find no basis to recommend
granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an injustice; the
application was denied without a personal appearance; and 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-2012-03820 in Executive Session on 5 June 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03820 was considered:
Exhibit A. DD Form 149, dated 17 August 2012.
Exhibit B. Letter, AFPC/DPSIT, dated 30 August 2012.
Exhibit C. Letter, SAF/MRBR, dated 17 September 2012.
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