RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05899
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits to his children.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The Post 9/11 GI Bill was effective in 2009; however, he just
recently became aware of the Transfer of Education Benefits
(TEB).
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Oct 06, the applicant was relieved from active duty, with
a reason for separation of voluntary retirement: sufficient
service for retirement. On 1 Nov 06, he retired after serving
24 years and 4 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, noting the applicant retired
1 Nov 06. The program for the Transfer of Education Benefits
(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," he is not eligible for the TEB.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant notes that the advisory opinion recommends denial
even though he did not receive adequate counseling as required
by law and Department of Defense (DoD). He feels this is a
grave "blanket" injustice and that each case should be decided
on a case by case basis.
Even though the benefit was advertised by various methods, he
still was not aware of it.
He served honorably for 24 years and asks the Board to allow him
to transfer his Post 911 GI Bill benefits to his children.
The applicants complete response is at 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 an error or injustice. The
applicant argues that had he did not receive adequate counseling
as required by law and the DoD; however, we are not convinced
the applicant is the victim of an error or injustice, or that he
has been treated differently than others similarly situated.
Therefore, 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. 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-2012-05899 in Executive Session on 24 Sep 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Dec 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 2 Jan 13.
Exhibit C. Letter, SAF/MRBR, dated 5 Jan 13.
Exhibit D. Letter, Applicant, dated 5 Feb 13.
Panel Chair
2
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