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AF | BCMR | CY2013 | BC 2013 05596
Original file (BC 2013 05596.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05596
					COUNSEL:  NONE
				HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

She be allowed to transfer her Post 9/11 GI Bill educational 
benefits to her son.


APPLICANT CONTENDS THAT:

In 2009, when she found out she could transfer the Post 9/11 GI 
Bill benefits, she went on-line to transfer the benefits; 
however, she never received anything back, so she went to the 
Education Center to check on the transfer and was told that if 
she did it on-line, then the transfer went through. 

She later found out that the transfer went through; however, was 
shocked to learn that her son was not eligible for the benefits.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 16 May 94, the applicant entered the Regular Air Force.  

On 15 May 14, the applicant was eligible for retirement.

On 31 May 14, the applicant was honorably discharged, with a 
reason for separation of voluntary retirement: sufficient 
service for retirement.  She was credited with 20 years and 
15 days of active service.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that 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-
9111 GI Bill, has at least 6 years of service in the Armed 
Forces on the date of election, and agrees to serve a specified 
additional period in the Armed Forces from the date of election 
(if applicable), may transfer unused Post-9/11 benefits to their 
dependents pursuant to Service regulations (38 U.S.C. § 
3319(b)(l)).  There is no record in MilConnect or the Right Now 
Technology showing the applicant made any inquiry/attempt to 
apply for the Transfer of Education Benefits (TEB) prior to 
retirement.  The applicant was approved for retirement on 26 Jun 
13.  She did not inquire about the status of her TEB application 
until 3 Dec 13.  In 2009, the applicant likely completed a 
VONAPP/VA Form 22-1990 to convert the Montgomery GI Bill to the 
Post-9/11 GI Bill for herself.  That action does not transfer 
benefits to dependents.  Because the applicant is voluntarily 
retiring, she cannot meet the eligibility criteria outlined in 
AFI 36-2306, Voluntary Education Program, Attachment 9, 
A9.18.1.2 and therefore is ineligible for the TEB.  There is no 
evidence that an injustice has occurred.

The complete AFPC/DPSIT evaluation, with attachments, is at 
Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Mar 14, for review and comment within 30 days.  
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 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 of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


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-2013-05596 in Executive Session on 10 Dec 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Dec 13.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 8 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Mar 14.




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