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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