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AF | BCMR | CY2013 | BC 2013 02732.doc
Original file (BC 2013 02732.doc.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-02732
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependent.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He did not have the opportunity to transfer his benefits while 
on active duty.  He retired on 1 October 2007.

The applicant provides no additional documentation in support of 
his appeal.

The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

After serving 22 years and 12 days on active duty the applicant 
retired on 1 October 2007 under the provisions of AFI 36-3203 
(Vol Retirement: Sufficient Service for Retirement) in the grade 
of master 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 applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit C.

________________________________________________________________
_




AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
retired before the start of the TEB program.  The program for 
the TEB started 1 August 2009.  Since 38 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.”  There has been no injustice to 
the extent that the applicant did not receive adequate 
counseling as required by law and DoD regulation.

The applicant can convert from the MGIB to the Post 9/11 by 
applying at the Department of Veterans Affairs (DVA) GI Bill 
website http://gibill.va.gov/benefits/post911gibill/index.html.  
Once there click on “Apply for Benefits” and submit an 
application through VONAPP.

The DPSIT complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 July 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 
applicant’s 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.  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 the evidence presented did not 
demonstrate the existence of an 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-2013-02732 in Executive Session on 25 March 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 1 June 2013.
  Exhibit B.  Applicant’s Available Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSIT, dated 17 June 2013.
  Exhibit D.  Letter, SAF/MRBR, dated 10 July 2013.





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