RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05625
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to her dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She was honorably discharged prior to the inception of the
program. Had she still been in the service this option would
have been available to her she finds this to be unjust.
In support of the applicants appeal, she submits a copy of her
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 10 December 2004, the applicant was honorably released from
active duty and transferred to the Air Force Reserve. She
served a total of 2 years, 7 months, and 20 days on active duty.
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:
AFRC/A1K recommends denial. A1K states the applicant
voluntarily went to Individual Ready Reserve (IRR) status on 1
January 2005. She was honorably discharged from the AFR on 23
January 2007. Title 38 of the United States Code mandates a
service member to complete six years of satisfactory service and
the member must also agree to serve four additional years in the
Selected Reserve when transferring benefits to their dependents.
Governing directives authorize the transfer only while
participating either in the active duty or selected Reserve
component. Service members who are in the IRR are not eligible
for transfer of benefits.
The applicant left the Air Force Reserve before the Post-9/11
TEB was in effect. There is no provision to grandfather
benefits to members who were discharged before 1 August 2009,
the inception of the program.
The A1K complete evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 February 2013, 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 was discharged prior to the implementation of the
Post-9/11 GI Bill TEB program she is not eligible to transfer
benefits to her 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-2012-05625 in Executive Session on 24 September 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 November 2012, w/atch.
Exhibit B. Letter, AFRC/A1K, dated 25 January 2013.
Exhibit C. Letter, SAF/MRBR, dated 3 February 2013.
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