RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05517
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 not informed about the TEB process prior to his
separation.
The applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
Special Order No. EK-7784 dated 6 August 2007 reflects the
applicant was assigned to the Reserve Retired List effective
4 August 2007 per AFI 36-3209 in the grade of master sergeant.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states by law, the member was
required to be active duty or Selected Reserve on 1 August 2009.
The applicant retired prior to the implementation of the program
(1 August 2009) and therefore was never eligible to transfer
benefits.
The DPSIT complete evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 August 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and response 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 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-2013-05517 in Executive Session on 1 December 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05517 was considered:
Exhibit A. DD Form 149, dated 21 November 2013.
Exhibit B. Letter, ARPC/DPTT, dated 13 January 2014, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 29 August 2014.
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