RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03752
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He attended the transition assistance program prior to his
retirement and was briefed that he would be allowed to transfer
his benefits; however, the guidelines had not been established
yet. Had he known these transfers had to be done while on
active duty he would have done so.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force in the grade of
master sergeant effective 1 Feb 2005.
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIT recommends denial. DPSIT states that the
applicant was not on active duty on or after 1 Aug 2009,
therefore, he is not eligible to transfer benefits to his
dependents. The applicant provides no evidence of error or
injustice on the part of the Air Force.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 Sep 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (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 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 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 AFBCMR Docket
Number BC-2012-03752 in Executive Session on 3 Jun 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-03752:
Exhibit A. DD Form 149, dated 17 Aug 2012.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSIT, dated 29 Aug 2012.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 2012.
Panel Chair
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