AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER:
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Had he served another year he would have been able to transfer
the education benefits to his children and would have done so,
but he was not informed. He was active duty from 1984 to 1998.
The applicant provides no documentation in support of his appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
DPTT recommends denial. DPTT states the mechanism for
transferring Post 9/11 GI Bill benefits was available on 29 June
2009 but, by law, the applicant was required to be active duty or
selected reserve on 1 August 2009 as well as on the date the
request to transfer was initiated. Each year Congress
reconsiders allowing the transfer opportunity for members who
retired before the inception of the program. To date Congress
has declined to make that change. Based on the facts the
applicant is not eligible to transfer benefits to his dependents.
He retains the right to use the benefits himself.
The DPTT complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 July 2012, 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 an error or injustice. The
applicant’s 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 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an 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-2012-02277 in Executive Session on 8 January 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02277 was considered:
2
Exhibit A. DD Form 149, dated 26 May 2012.
Exhibit B. Letter, ARPC/DPTT, dated 2 July 2012.
Exhibit C. Letter, SAF/MRBR, dated 16 July 2012.
3
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