RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01980
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His option to transfer his Post-9/11 GI Bill educational
benefits to his dependent son be approved.
________________________________________________________________
APPLICANT CONTENDS THAT:
He wants his son to have the benefit of a good education.
The applicant did not provide any additional documentation in
support of his request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the Military Personnel
Database System (MilPDS), the applicant is a former member of
the Regular Air Force who served from 24 March 1993 through
21 October 2002.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
retired on 22 October 2002. The program for Transfer of
Educational Benefits started on 1 August 2009. Since 38 U.S.C.,
Chapter 33, § 3319 (f) (1) states that an individual
may
transfer such entitlement only while serving as a member of the
armed forces when the transfer is executed, they can only
recommend denial. They find there has been no injustice to the
extent that a service member did not receive adequate counseling
as required by law and DoD regulation.
The complete 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 10 May 2013, for review and comment within 30 days
(Exhibit D). To date, a response has not been received.
________________________________________________________________
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. After a thorough
review of the evidence of record and the applicant's submission,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) that since the applicant
retired prior to the implementation of the Post-9/11 GI Bill
transfer of educational benefits program he is not eligible to
transfer educational benefits to his dependents and has not been
the victim of an error or injustice. In view of the above, we
find no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 this application
in Executive Session on 24 January 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-01980:
Exhibit A. DD Form 149, dated 16 April 2013.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 2 May 2013.
Exhibit D. Letter, SAF/MRBR, dated 10 May 2013.
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