RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02225
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
_
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to her dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She was informed that she had up to ten years after retirement
to transfer her benefits to her dependents.
The applicant provides no additional documentation in support of
her appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
Reserve Order EK 0436 dated 20 October 2005, states the
applicant transferred to the Retired Reserves effective 14
November 2005 in the grade of technical sergeant.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, is eligible for the Post-9/11 GI Bill, has at least
6 years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the mechanism for
transferring benefits was available on 29 June 2009 but, by law,
the applicant was required to be active duty or selected reserve
on 1 August 2009 as well as on the date the request to transfer
was initiated.
Each year, Congress reconsiders allowing the transfer
opportunity for members who retired before the inception of the
program. To date Congress has declined to make that change.
There is no opportunity to transfer if the member retired prior
to 1 August 2009.
To be eligible for benefits, a member must have a minimum 90
days of qualifying active duty defined in DTM 09-003 for members
of the Reserve Components of the Armed Forces as service on
active duty under a call or order to active duty under section
688, 12301(a), 12301(d), 12301(G), 12302, or 12304 of Title 10
USC. The applicant had seven days of qualifying active duty.
Based on the facts provided, the applicant is not eligible to
transfer her benefits to her dependents. Nor does the applicant
have benefits to use herself.
The DPTT complete evaluation, with attachments, is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 June 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit D). 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. 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 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.
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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an 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-2013-02225 in Executive Session on 27 March 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 2013.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 11 June 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 June 2013.
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