RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05543
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His option to transfer his Post-9/11 GI Bill educational
benefits to his dependent daughter be approved.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received a letter that stated he was entitled to Post-9/11 GI
Bill educational benefits. He inquired into transferring the
benefit to his daughter and received a letter that stated he was
not able to transfer the educational benefit. He spoke with a
representative from the Department of Veterans Affairs (DVA)
and was told that the rules have changed and he is now eligible
for a Post-9/11 GI Bill transfer of educational benefits (TEB)
to his daughter. He was instructed to fill out the DD 149 and
send it in to get the process started.
In support of his request the applicant provided copies of copy
1 and 4 of his DD Form 214, Certificate of Release or Discharge
from Active Duty, and correspondence from the DVA.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former member of the Regular Air Force who served
from 05 February 1985 until his retirement on 1 January 2006.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial since the program for Transfer of
Educational Benefits started on 1 August 2009, which is after
his retirement. In view of this and since 38 U.S.C., Chapter
33, § 3319 (f) (1) states that an individual
may transfer such
entitlement only while serving as a member of the armed forces
when the transfer is executed, they recommend denial.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 December 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). To date, a response has not been received.
________________________________________________________________
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. After a thorough
review of the evidence of record and the applicant's submission,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) 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 has not been the victim of an error or injustice. In
view of the above, 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
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 24 September 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-05543:
Exhibit A. DD Form 149, dated 24 November 2012, w/atchs.
Exhibit C. Letter, AFPC/DPSIT, dated 11 December 2012.
Exhibit D. Letter, SAF/MRBR, dated 21 December 2012.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02355 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. If the Board finds there was an injustice to the extent that the member did not receive adequate pre-separation counseling, as required by law and DoD regulation, and was...
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