RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01562
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Disability Evaluation System (DES) code be changed to allow
him to transfer his Post 9/11 GI Bill Transfer Eligibility
Benefits (TEB) to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He became eligible for retirement on 1 May 10. Under the Post
9/11 rules, he would have incurred an additional year of active
duty service commitment (ADSC) once he applied for the TEB
benefit.
On 1 Sep 10, he was referred to the Joint DES process to
determine his fitness for continued military service due to Post
Traumatic Stress Disorder (PTSD). Due to the length of the DES
process and numerous prescribed medications, he decided to waive
the DES process and retire from active duty. He would
subsequently process his disability through the Department of
Veterans Affairs (DVA).
He was informed of the requirement to transfer his benefits while
on active duty. However, he wanted to transfer his Post 9/11 GI
Bill TEB to his daughter upon her graduation from high school in
May 2011 and fulfill his one year ADSC. He waited for her to
graduate because she was not sure if she wanted to enlist in the
military. He felt he had plenty of time to transfer his benefits
due to his high year tenure of 1 Mar 14. Unfortunately, his
health deteriorated and he was placed in DES unexpectedly and had
to retire before he could transfer his benefits.
He feels there is an injustice in his case because he had to
retire due to health reasons before he had a chance to submit his
transfer request.
In support of his request, the applicant submits copies of his
Joint DoD/VA Disability Evaluation Pilot Referral, DD Form 214, Certificate of Release or Discharge from Active Duty and his DVA
disability compensation letter.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Feb 11, the applicant was discharged from the Regular Air
Force for retirement. He served 20 years, 10 months and 8 days
on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT notes the applicants
admission that he was informed of the requirement to transfer his
GI Bill benefits while on active duty but he failed to do so.
His placement in the DES process and subsequent return to duty in
Jul 10 has no bearing on the case. On 6 Oct 10, he applied for
retirement effective 1 Mar 11. DPSIT notes the applicants claim
that he had to unexpectedly retire before he could transfer
benefits to his daughter and fulfill his one year service
commitment is not true as he could have retired at any time. In
addition, he was not subject to a Medical Evaluation Board.
DPSIT states the applicants failure to act in a timely manner is
not a basis for approval on the part of the Air Force. The law
specifically states an individual approved to transfer
entitlement to educational assistance may transfer Post 9/11
entitlements only while serving as a member of the armed forces
when the transfer is executed.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 4 Jun 12, for review and comment within 30 days. As of this
date, this office has received no response (Exhibit C).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
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.
_________________________________________________________________
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 17 Jan 13, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-01562:
Exhibit A. DD Form 149, dated 9 Apr 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 10 May 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
Panel Chair
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