RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04096
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI
Bill educational benefits to his dependent son while he was on
active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Department of the Veterans Affairs (DVA) has rated him as
100 percent disabled. His son has been in school since
18 Aug 12.
The applicantÂ’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired due to medical disability on 12 Feb 03.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. For the first time in history, service
members enrolled in the Post-9/11 GI Bill Program are able to
transfer unused educational benefits to their dependent 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 Bill, has at least six years of
service in the Armed Forces on the date of election, and agrees
to serve four additional years in the Armed Forces from the date
of election can transfer their unused Post-9/11 benefits to
their dependents. However, the applicant retired in 2003 and is
therefore not eligible to transfer his post-educational
benefits.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The reason stated in the Air Force evaluation that he could have
only transferred those benefits while on active duty makes no
sense. The Post-9/11 law states that an individual that served
for 90 days after 11 Sep 01 is eligible for the TEB. It also
states that individuals who are discharged with a service
connected disability are eligible. He met the requirement by
serving until being medically discharged in Mar 03. If he could
have served longer he would have, but could not due to medical
issues (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was untimely 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 applicant's complete submission, to include his rebuttal
response, in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim
of an error or injustice. While the applicant argues the law
provides that those who served more than 90 days after 11 Sep 01
may transfer their benefits to their dependents, the law clearly
only provides that members such as the applicant are eligible
for Post-9/11 GI Bill benefits in their own right. The transfer
of these benefits to dependents is predicated on service
performed on or after 1 Aug 09 which the applicant did not
perform. 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 the evidence presented did not
demonstrate the existence of material error or 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-2012-04096 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.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12.
Exhibit E. Letter, Applicant, undated.
Panel Chair
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