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 applicants 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. Applicants 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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