RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01022
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer Post-9/11 GI Bill educational benefits
to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his retirement there were no provisions available
under Veterans Education Assistance Program (VEAP) or the
Montgomery GI Bill (MGIB) to transfer education benefits (TEB)
to his dependent.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired
on 1 Nov 06.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. The applicant retired on 1 Nov 6, well
prior to the 1 Aug 09 effective date of the provisions of the
Post-9/11 GI Bill program that allow educational benefits to be
transferred to dependents. There is no evidence showing the
applicant was not properly counseled in accordance with the law
and Department of Defense (DoD) regulations.
Service members of the Armed Forces who, on or after 1 Aug 09,
eligible for the Post-9/11 GI Bill, had at least six years of
service on the date of election and agreed to serve (if
applicable) a specified additional period from the date of
election, may transfer unused Post-9/11 GI Benefits to their
dependents. The transfer of such entitlements must be done
while the service member is on active duty.
The complete AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 Mar 13, for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
________________________________________________________________
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. 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. The
applicant retired from active duty almost three years prior to
the effective date of the provisions of the Post-9/11 GI Bill
program that allow educational benefits to be transferred to
dependents and he has provided no evidence whatsoever to
indicate that he is 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 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-2013-01022 in Executive Session on 16 Dec 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 1 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 13.
Panel Chair
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