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AF | BCMR | CY2013 | BC 2012 05207
Original file (BC 2012 05207.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05207
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

She be allowed to transfer her Post-9/11 GI Bill Educational 
benefits to her dependents.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was not given the option to transfer her Post-9/11 GI Bill 
benefits to her dependents prior to her retirement.

In support of her request, the applicant provides copies of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; VA Form 22-1990E, Application for Family Member to Use 
Transferred Benefits, and DD Forms 1173, United States Uniformed 
Services Identification and Privilege Card.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was medically separated from the Air Force in the 
grade of senior airman (SrA, E-4) effective 16 Sep 2005.  She 
served 13 years, 3 months and 15 days of active service.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit B.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that in accordance 
with 38 USC, Chapter 33, Section 3319(f), “an individual...may 
transfer such entitlement only while serving as a member of the 
armed forces when the transfer is executed.”  The applicant 
retired from the Air Force on 16 Sep 2005; therefore, she was 
not eligible to transfer benefits to her dependents since she 
was not on active duty on or after 1 Aug 2009.

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Dec 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 
C).

________________________________________________________________

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-2012-05207 in Executive Session on 12 Aug 2013, under 
the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence was considered: 

     Exhibit A.  DD Form 149, dated 5 Nov 2012, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 19 Nov 2012.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Dec 2012.




                                    
                                   Panel Chair


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