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 applicants 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 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 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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