RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02710
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never given the opportunity to transfer his Post-9/11 GI
Bill Educational benefits to his dependents prior to his
retirement.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was retired from the Air Force in the grade of
technical sergeant effective 1 Oct 2008. He served 20 years and
29 days of active service.
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT says that the applicant
provides no evidence of error or injustice on the part of the
Air Force. The program for transfer of benefits began on 1 Aug
2009. According to 38 USC, Chapter 33, § 3319 (f) (1) "an
individual...may transfer such entitlement only while serving as
a member of the armed forces when the transfer is executed."
The applicant was not on active duty on or after 1 Aug 2009,
therefore, he is not eligible to transfer benefits to his
dependents.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Jun 2013, a copy of the Air Force evaluation was forwarded
to the applicant 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 error or injustice. We took notice
of the applicant's 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 and adopt its
rationale as the basis for our conclusion 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.
________________________________________________________________
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-2013-02710 in Executive Session on 16 Apr 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 11 Jun 2013.
Exhibit D. Letter, SAF/MRBR, dated 21 Jun 2013.
Panel Chair
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