RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02226
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits to his son.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In Jul 07, he retired with 20 years of service.
He could not transfer his benefits unless he was on active duty
in 2009. He would gladly have served his country for an
additional two years to ensure his son would receive a quality
education.
His family is on a fixed income and he believed his sons
education was taken care of through the GI Bill.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Jul 07, the applicant retired from military service. He
served 20 years, 2 months and 8 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT notes the member retired
effective 30 Jun 07 and the Transfer of Education Benefits (TEB)
started on 1 Aug 09. Title 38 USC, Chapter 33, Section
3319(f)(1) states that an individual
may transfer such
entitlement only while serving as a member of the armed forces
when the transfer is executed.
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 19 Jun 12, for review and comment within 30 days. As of this
date, this office has received no response (Exhibit D).
_________________________________________________________________
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.
_________________________________________________________________
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 11 Feb 13, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-02226:
Exhibit A. DD Form 149, dated 15 May 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 4 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
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