RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04290
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted a waiver to transfer his Post-9/11 GI Bill
benefits to his dependent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 1 Jun 09, he retired from the Air Force at his High Year of
Tenure (HYT) as a Chief Master Sergeant. Although his
retirement date was prior to the 1 Aug 09, Post-9/11 GI Bill
Transfer of Education Benefits (TEB) start date, he was not
given the opportunity to reach 1 Aug 09, because of his HYT.
A service member who had an approved retirement or would be
eligible to retire during the period from 1 Aug 09 through 1 Aug
13, would not be required to complete the required four-year
Active Duty Service Commitment (ADSC) to transfer eligibility
and there was no requirement to go to their HYT in order to meet
the four-year ADSC.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 May 79, the applicant enlisted in the Regular Air Force.
On 31 May 09, he retired after serving 30 years and 20 days of
active duty service.
Post-9/11 GI Bill Transferability: Any member of the Armed
Forces (active duty and/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 (active duty
and/or Selected Reserves) 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 12. 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 members eligible for retirement on or after 1 Aug 10,
and before 1 Aug 11, two years of additional service after
approval of transfer is required.
For those individuals eligible on or after 1 Aug 11, and before
1 Aug 12, 3 years of additional service after approval of
transfer is required.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant retired on 1 Jun
09. By law and Department of Defense regulations, the program
for the TEB started 1 Aug 09. Title 38 United States Code,
Chapter 33, section 3319(f)(1) states an individual may only
transfer such entitlement while serving as a member of the Armed
Forces when the transfer is executed.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUAITON:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 Oct 13, for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
_________________________________________________________________
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 filed.
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 and adopt the
rationale expressed 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-2013-04290 in Executive Session on 1 Jul 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04290 was considered:
Exhibit A. DD Form 149, dated 4 Sep 13 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Sep 2013.
Exhibit C. Letter, SAF/MRBR, dated 29 Oct 13.
Panel Chair
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