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Decision Text

AF | BCMR | CY2013 | BC 2013 01980
Original file (BC 2013 01980.txt) Auto-classification: Denied
 		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 applicant’s 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.  Applicant’s 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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