RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02546
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his daughter while he was on active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
When he retired in Jan 04, transferring GI Bill educational benefits was not an option. He has 19 months remaining on his Post-9/11 GI Bill benefits and will remain eligible for them until 1 Jan 19. He would like to transfer the remaining benefits to his daughter.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from active duty on 1 Jan 04.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. This applicant retired effective 1 Jan 04. Since the TEB program started on 1 Aug 09, the applicant is not eligible.
A complete copy of the 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 21 Jun 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
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 applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
________________________________________________________________
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-2013-02546 in Executive Session on 12 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 May 13.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIT, dated 31 May 13.
Exhibit D. Letter, SAF/MRBR, dated 21 Jun 13.
Panel Chair
AF | BCMR | CY2012 | BC 2012 05960
_________________________________________________________________ APPLICANT CONTENDS THAT: He applied for Post 9-11 GI Bill benefits on 24 Mar 11, but his application was not accepted due to his not submitting the required statement of understanding (SOU). The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2012 05960
_________________________________________________________________ APPLICANT CONTENDS THAT: He applied for Post 9-11 GI Bill benefits on 24 Mar 11, but his application was not accepted due to his not submitting the required statement of understanding (SOU). The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2013 05141
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05141 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents while on active duty. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at...
AF | BCMR | CY2014 | BC 2014 00137
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01377 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to show she transferred her Post-9/11 GI Bill Education Benefits to her daughter while on active duty. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2013 05536
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. For the first time in history, service members enrolled in Title 38, U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are able to transfer unused educational benefits to their dependent...
AF | BCMR | CY2013 | BC 2013 05609
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05609 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 8 Feb 10, the original date of his TEB application submission. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary...
AF | BCMR | CY2014 | BC 2014 00790
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. Without a signed SOU, the TFSC personnel cannot determine if the member accepts the four-year active duty service commitment (ADSC). THE BOARD DETERMINES THAT: The applicant be notified the...
AF | BCMR | CY2012 | BC-2012-02142
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02142 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show he is eligible for the Post-9/11 GI Bill Transfer of Education Benefits (TEB). For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused...
AF | BCMR | CY2013 | BC 2013 05383
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. THE BOARD DETERMINES...
AF | BCMR | CY2012 | BC-2012-03160
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03160 XXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The official records be corrected to show her deceased spouse transferred his Post-9/11 GI Bill educational benefits to her while he was on active duty. ________________________________________________________________ THE BOARD RECOMMENDS...