RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02707
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill educational
benefits to his spouse.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
When he separated he was not given the option to convert his
Montgomery GI Bill to the Post-9/11 GI Bill so that he could
utilize the Transfer of Educational Benefits (TEB) for his
spouse.
The applicantÂ’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 27 Jan 09, the applicant was discharged from active duty with
a reason for separation of completion of required active
service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, noting the applicant was separated
effective 27 Jan 09. The program for the TEB started 1 Aug 09.
Since 38 USC, Chapter 33, Section 3319 (f) (1) states "an
individual... may transfer such entitlement only while serving
as a member of the armed forces when the transfer is executed."
They did not find any evidence of an injustice to the extent the
applicant did not receive adequate counseling as required by law
and DoD regulation.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 Aug 12 for review and response. As of this
date, no response has been received by this office (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 applicant's 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 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 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-2012-02707 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02707 was considered:
Exhibit A. DD Form 149, dated 23 May 12.
Exhibit B. Letter, AFPC/DPSIT, dated 30 Jul 12.
Exhibit C. Letter, SAF/MRBR, dated 22 Aug 12.
Panel Chair
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