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AF | BCMR | CY2013 | BC 2013 02961
Original file (BC 2013 02961.txt) Auto-classification: Denied
 
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2013-02961
	 					COUNSEL:  NONE
 	 		   			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be eligible to transfer his Post-9/11 GI Bill educational 
benefits to his dependents.  

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his retirement in Apr 2009, the Post-9/11 GI Bill 
Transfer of Education Benefits (TEB) program had been passed by 
Congress and approved by the Department of Veterans 
Administration (DVA); however, the services did not establish 
TEB requirements until Aug 2009.

He was in a special duty assignment and forecasted his 
retirement a year in advance to help his unit secure a qualified 
replacement.  At the time, he expected the benefit would be 
afforded to retiring members.  He had no opportunity to withdraw 
his retirement.  

In support of his request, the applicant provides a letter of 
support, a copy of his DD Form 214, Certificate of Release or 
Discharge from Active Duty; and other various documents 
associated with his request.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 18 Feb 1986 and was 
progressively promoted to the grade of Senior Master Sergeant 
(SMSgt).  He was retired on 30 Apr 2009 after serving 23 years, 
2 months and 13 days.    

Post-9/11 GI Bill:  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, 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. 

*	Has at least 10 years of service in the Armed Forces (active 
duty and/or selected reserve) on the date of election, is 
precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy or 
statute, or 

*	Is or becomes retirement eligible during the period from 1 Aug 
2009 through 1 Aug 2013.  A service member is considered to be 
retirement eligible if he or she has completed 20 years of 
active duty or 20 qualifying years of reserve service. 

*	For those individuals eligible for retirement on 1 Aug 2009, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 2009, and before 1 Jul 2010, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
2009, and before 1 Aug 2010, 1 year of additional service 
after approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2010, and before 1 Aug 2011, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2011, and before 1 Aug 2012, 3 years of additional 
service after approval of transfer required.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant retired on 30 Apr 
2009.  By law and Department of Defense (DOD) regulations, the 
program for TEB started on 1 Aug 2009.  Since Title 38, United 
States Code (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,” DPSIT 
can only recommend denial.  

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________




APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 23 Aug 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
C).  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 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 (OPR) 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.  

________________________________________________________________

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-2013-02961 in Executive Session on 28 May 2014, under 
the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member





The following documentary evidence in AFBCMR Docket Number BC-
2013-02961 was considered:

     Exhibit A.  DD Form 149, dated 13 Jun 2013, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 28 Jun 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 23 Aug 2013. 



 
                                   Panel Chair

  


 

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