RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03120
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was not fully briefed on what was required to transfer his
benefits to his dependents before he retired.
The applicant provides no additional documentation in support of
his appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
Reserve Order EK 1171 dated 27 November 2012, reflects the
applicant was assigned to the Retired Reserves effective 5 May
2013 in the grade of master sergeant.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states service members
enrolled in the Post-9/11 GI Bill program are able to transfer
unused educational benefits to their spouses or children. Any
member of the Armed Forces, active duty or Selected Reserve,
officer or enlisted, on or after 1 August 2009, who is eligible
for the Post-9/11 GI Bill and has at least six years of service
in the Armed Forces on the date of election and agrees to serve
four additional years in the Armed Forces from the date of
election can transfer their unused Post-9/11 benefits to their
dependents (38 USC, Chapter 33, Section 3319 (b)(l)). 38 USC,
Chapter 33, Section 3319 (f)(l) adds that the transfer of such
entitlement can only be done while serving as a member of the
armed forces (defined as active duty or selected reserve) when
the transfer is executed. The mechanism for transferring Post-
9/11 GI Bill benefits has been available since 29 June 2009 but,
by law, the member is required to be active duty or selected
reserve on the date the request to transfer is initiated.
Based on the facts provided, the applicant is not eligible to
transfer his benefits to his dependents as defined in Public Law
No. 110-252. The applicant retains the right to use the
benefits himself.
The DPTT complete evaluation, with attachment, is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 January 2014, 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 timely filed.
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 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 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-2013-03120 in Executive Session on 26 June 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 June 2013.
Exhibit B. Reserve Order EK 1171.
Exhibit C. Letter, ARPC/DPTT, dated 11 September 2013,
w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 January 2014.
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