RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00022
X COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his daughter prior to his death.
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APPLICANT CONTENDS THAT:
Her husband committed suicide without having transferred his Post 9-11 GI Bill educational benefits. If he had been in his right mind, he would have transferred his educational benefits to their adopted daughter prior to his death. His daughter should not be punished for his temporary lapse of judgment.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants husband served in the Air National Guard (ANG) in the rank of Master Sergeant (E-7).
On 26 Sep 12, the applicants husband committed suicide.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
NGB/A1Y recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. The applicants deceased husband did not transfer his Post 9/11 GI Bill benefits to his dependents prior to his death, as required by Public Law 100-252 and Directive Type Memorandum (DTM) 09-003, Post 9-11 GI Bill, dated 22 Jun 09.
A complete copy of the NGB/A1Y evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 Feb 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 (OPR) 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.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00022 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 12,, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1Y, dated 25 Jan 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Feb 13.
Panel Chair
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