RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03970
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was not informed of the requirement to transfer his Post-
9/11 GI Bill benefits while on active duty. This affects his
ability to transfer his previously approved Post-9/11 GI Bill
education benefits to his dependents. Had he known he needed to
be on active duty in order to transfer his benefits, he would
have considered doing so; however, he was never given that
option.
2. He applied and was approved for the Post-9/11 GI Bill
transfer of educational benefits (TEB) program as soon as it
became effective. He recalls reading an article which stated
there was no requirement to be on active duty in 2009.
3. He wrote a letter to President Obama requesting his
assistance but was informed it may take months to receive a
reply.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Oct 06, the applicant retired in the grade of master
sergeant. He served 20 years, 7 months and 12 days of total
active service.
?
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, has at least 6 years of service in the
Armed Forces on the date of election, and agrees to serve a
specified additional period in the Armed Forces from the date of
election (if applicable), may transfer unused Post-9/11 benefits
to their dependents pursuant to Service regulations (38 USC
3319(b)(1).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that the applicant
retired effective 1 Oct 06 and the program for the TEB started
1 Aug 09. Therefore, there is no injustice to the extent that
the applicant did not receive adequate counseling as required by
law and Department of Defense (DoD) regulation.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Sep 12, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
________________________________________________________________
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 applicants 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 BC-2012-
03970 in Executive Session on 3 Jun 13, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Aug 12, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 7 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 12.
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