RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05083
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 forced to retire in 2009 and did not have time to
transfer his benefits.
The applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
Special Order No. AC003505 dated 10 February 2009 reflects the
applicant retired effective 1 July 2009 per AFI 36-3203 in the
grade of major. He served 20 years and 12 days of active
service for retirement.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
retired on 1 July 2009. By law and DoD regulations, the program
for the TEB started 1 August 2009. Since 38 USC, Chapter 33,
Section 3319 (f) (1) states: an individual
.may transfer such
entitlement only while serving as a member of the armed forces
when the transfer is executed, we can only recommend denial.
The DPSIT complete evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 June 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 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 the
rationale expressed 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 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-2013-05083 in Executive Session on 1 December 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05083 was considered:
Exhibit A. DD Form 149, dated 25 October 2013, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 8 January 2013[sic].
Exhibit D. Letter, SAF/MRBR, dated 27 June 2014.
AF | BCMR | CY2013 | BC 2013 03612
________________________________________________________________ _ APPLICANT CONTENDS THAT: When filling out the TEB application online through the MilConnect and completing the Statement of Understanding (SOU), he electronically signed the application in 2009. The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ...
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DPSIT states the applicant retired before the start of the TEB program. 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 since the applicant retired prior to the implementation of the Post-9/11 GI Bill education program he is not eligible to transfer education benefits and he has not been the victim of an error or injustice. Exhibit...
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