RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03886
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not briefed by the base education office on the transfer
of education benefits during his retirement out-processing. He
was unaware he could have transferred the education benefits to
his dependents prior to his retirement.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired
on 1 Apr 11 and was credited with 24 years, 9 months, and
27 days of total active service.
The applicant is entitled to benefits under the Post 9/11 GI
Bill program. Because he was retirement eligible prior to
1 Aug 09, he would not have incurred an active duty service
commitment (ADSC) had he elected to transfer his benefits to his
dependents prior to his retirement.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. There is no evidence showing the
applicant was not properly counseled by the base Education
Office. There were numerous articles and news releases
published about the TEB between the release date of the program,
1 Aug 09 and the applicants 1 Nov 11 {sic} retirement. The
applicant did not initiate a TEB request prior to retiring from
active duty and therefore he is ineligible for TEB.
Service members of the Armed Forces who, on or after 1 Aug 09,
were eligible for the Post-9/11 GI Bill, had at least six years
of service on the date of election and agreed to serve (if
applicable) a specified additional period from the date of
election, may transfer unused Post-9/11 GI Benefits to their
dependents. The transfer of such entitlements must be done
while the service member is on active duty.
The complete AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Jan 14, 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2013-03886 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 11 Aug 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 27 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
Panel Chair
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