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 applicants 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
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. 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. Applicants 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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AF | BCMR | CY2013 | BC 2013 04071
He has served 4 years since the start of the Post-9/11 GI Bill. ________________________________________________________________ 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. Exhibit...
AF | BCMR | CY2013 | BC 2013 02659
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.
AF | BCMR | CY2013 | BC-2013-00386
Service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouse or children. A complete copy of the DPSIT evaluation is at Exhibit B. ________________________________________________________________ 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...
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The Post-9/11 GI Bill TEB requires: 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 GI Bill, and: * Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. As of this date, no response has been received by this office (Exhibit C). ...
AF | BCMR | CY2013 | BC 2013 02012
Since the applicant retired effective 1 July 2007, their office finds no evidence of an 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...
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Her DD Form 214, Certificate of Release or Discharge from Active Duty, item 15a Member Contributed to Post-Vietnam Era Veterans Educational Assistance Program, be amended to reflect YES. ________________________________________________________________ _ APPLICANT CONTENDS THAT: She was not aware of the requirement to transfer education benefits while on active duty nor was she counseled on the TEB process prior to retirement. ...
AF | BCMR | CY2012 | BC-2012-03244
Title 38 U.S.C., Chapter 33, Section 3319 (f) (1), DoD Directive Type Memo (DTM), and AFI 36-2306, Voluntary Education Program, state the transfer of educational benefits must be made while an individual is serving as a member of the Armed Forces when the transfer is executed. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 August 2012, a copy of the Air Force evaluation...
AF | BCMR | CY2013 | BC 2013 02546
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...
AF | BCMR | CY2013 | BC 2013 03973
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...
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At no time was he briefed on any additional requirements to transfer Post-9/11 GI Bill educational benefits to his dependents. ________________________________________________________________ STATEMENT OF FACTS: According to documents provided by the applicant, he is a former member of the Regular Air Force who served from 3 September 1982 to 31 May 2009. After a thorough review of the evidence of record and the applicant's submission, we agree with the opinion and recommendation of the...