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AF | BCMR | CY2013 | BC 2013 03405
Original file (BC 2013 03405.txt) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03405
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill educational 
benefits to his child.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was not able to capitalize on these benefits despite serving 
in both the Continental United States and overseas in support of 
9/11.  His base was involved with the Base Realignment and 
Closure procedures so communication was limited.  The change in 
staff and mission did not allow proper flow of the Post 9/11 GI 
Bill benefits and entitlements.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 10 Jan 85, the applicant enlisted in the Regular Air Force 
for a period of four years.  On 25 Apr 88, the applicant was 
honorably released and transferred to the Inactive Air Force 
Reserve.

On 21 Aug 88, the applicant enlisted in the Air National Guard 
(ANG).  On 20 Jun 07, the applicant was relieved from the ANG 
and transferred to the Air Force Reserve.  

On 22 Jun 07, the applicant was relieved from his current 
assignment and placed on the Air Force Reserve Retired List 
awaiting pay at age 60.  

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. 

*	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 09, through 1 Aug 13.  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 09, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 09, and before 1 Jul 10, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
09, and before 1 Aug 10, 1 year of additional service after 
approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 10, and before 1 Aug 11, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 11, and before 1 Aug 12, 3 years of additional 
service after approval of transfer required. 

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1Y recommends denial, noting that the applicant did not 
meet the eligibility criteria for the Transfer of Educational 
Benefits to his dependents.  Title 38, United States Code - 
Veterans' Benefits, [As amended through P.L. 111-5, Enacted 
17 Feb 09], Chapter 33, Post-9/11 Educational Assistance, 
section 3319, paragraph (f)(l) states, “Time for Transfer. - 
Subject to the time limitation for use of entitlement under 
section 3321 an individual approved to transfer entitlement to 
educational assistance under this section may transfer such 
entitlement only while serving as a member of the armed forces 
when the transfer is executed."  The applicant retired on 22 Jun 
07, prior to the benefits becoming effective.

The complete A1Y evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 19 Sep 13 for review and response.  As of this 
date, no response has been received by this office (Exhibit D).

________________________________________________________________

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 and adopt its 
rationale as the basis for our conclusion 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 material 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-2013-03405 in Executive Session on 26 Jun 14, under 
the provisions of AFI 36-2603:

,Panel Chair
, Member
, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Jul 13.
     Exhibit B.  Applicant’s Available Master Personnel Record.
     Exhibit C.  Letter, NGB/A1Y, dated 28 Aug 13, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 13.




                                   Panel Chair







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