RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02012
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be able to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware of the Transfer of Education Benefits (TEB)
process prior to his retirement.
In support of his appeal, the applicant provides a personal
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
retired effective 1 July 2007, in the grade of master sergeant
(E-7).
The remaining relevant facts, extracted from the applicants
military service records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the program for the
TEB started 1 August 2009. Title 38, United States Code (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. Since the applicant
retired effective 1 July 2007, their office finds no evidence of
an error or injustice.
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 31 May 2013 for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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 that since the
applicant retired prior to the implementation of the Post-9/11
GI Bill Transfer of Education Benefits (TEB) program, he is not
eligible to transfer educational benefits and he 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.
________________________________________________________________
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 AFBCMR Docket
Number BC-2013-02012 in Executive Session on 16 December 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-02012:
Exhibit A. DD Form 149, dated 10 May 13, w/atch.
Exhibit C. Letter, AFPC/DPSIT, dated 20 May 13.
Exhibit D. Letter, SAF/MRBR, dated 31 May 13.
Panel Chair
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The remaining relevant facts, extracted from the applicants military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. In this respect, the Air Force office of primary responsibility has indicated that through no fault of the applicant it appears he may not have been afforded the opportunity to transfer his...
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He was medically retired at 19 years; done wrong by the Air Force; and now they are taking his Post-9/11 GI Bill benefits that he is entitled to. He was instructed to complete the three extra years and the TEB would be approved. It is unacceptable for DPSIT to deny his request when he served the additional time that is required for approval.
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The possibility exists that the applicant may not have received any information about the Post- 9/11 GI Bill and TEB program. If the Board finds there was an injustice to the extent that the applicant did not receive adequate counseling as required by law and DOD regulation, and was not personally notified about the need to transfer while serving in the Armed Forces, the Board may approve the applicants request. ________________________________________________________________ THE BOARD...
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DPSIT states the applicant retired before the start of the TEB program. The applicants contentions are duly noted; 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 that since the applicant retired prior to the implementation of the Post-9/11 GI Bill education program he is not eligible to transfer education benefits and he has not been the victim of an error or injustice. Exhibit...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00542 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: He was advised by the Department of Veterans Affairs (DVA) to request Transfer of...
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The remaining relevant facts, extracted from the applicants military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. We note the Air Force office of primary responsibility (OPR) indicates the applicant was on terminal leave at the time of the TEB program standup and did not have the opportunity to...