AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-03357
COUNSEL: NO
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill education
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. In 2006, when he retired he was never informed by the
Department of Veterans Affairs (DVA) or anyone else that he was
eligible for post retirement education benefits under any
program subsequent, to include the Montgomery GI Bill (MGIB); or
that he could convert his MGIB to the Post-9/11 GI Bill; or that
he could transfer his benefit to his dependents, or any family
member so they could use his benefits. Had he known he was
eligible to transfer his benefits, he would have done so for his
oldest daughter during her freshman year at Southwestern
University.
2. The VA benefit was caught by Southwestern University pursuant
to reviewing his daughter’s financial aid package. The
Southwestern University finance office stated “this is quite
common for the VA to omit.”
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Oct 06, the applicant retired in the grade of major. He
served 26 years, 3 months, and 3 days of total active service.
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-9/11 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 USC
3319(b)(1).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that there has been
no injustice to the extent that the applicant did not receive
adequate counseling as required by law and Department of Defense
(DoD) regulation. In addition, the Post-9/11 GI Bill education
benefits program was not in effect during the period the
applicant was on active duty.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 Aug 12, for review and comment within 30 days
(Exhibit D). 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 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 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 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
2
Panel Chair
Member
Member
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2012-
03357 in Executive Session on 11 Feb 13, under the provisions of
AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jul 07 {sic}, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 13 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 2.
Acting Panel Chair
3
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