RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00490
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill educational
benefits to her dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
Guidance was not published concerning the Transfer of
Educational Benefits (TEB) until after she retired. Had the
information been available she would have delayed her retirement
for six months in order to transfer these benefits to her
children.
In support of her request, the applicant provides a copy of her
NGB Form 22, Report of Separation and Record of Service.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of chief master sergeant
effective 1 Mar 09, after serving 20 years, 7 months, and 16
days of active duty service.
Additional relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
retired effective 31 Mar 09 (sic). The TEB program started on 1
Aug 09. Since 38 United States Code (U.S.C.), Chapter 33,
Section 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.
DPSIT finds there has been no injustice to the extent that the
service member did not receive adequate counseling as required
by law and Department of Defense regulations.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 Feb 13, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). As of this date, this office has received no 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 an error or injustice. The
applicant argues that had the information been available on the
Post-9/11 GI Bill, she would have delayed her retirement six
months to qualify to transfer her educational benefits to her
dependents; however, we are not convinced the applicant is the
victim of an error or injustice, or that she has been treated
differently than those similarly situated. In this respect, we
note there is no way the applicant, or any other similarly
situated airman, could have known the effective date of the
program and, with this information from the future, decide to
delay her retirement to earn the right to transfer benefits to
which she was not yet entitled. While it is unfortunate that
she was retired six months short of attaining eligibility to
transfer her benefits, the fact is she did not serve as a member
of the armed forces on or after 1 Aug 09 in accordance with the
provisions of the governing statute and the proximity of her
service to the effective date of the program, no matter how
close, does not, by itself, serve to make her 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
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered Docket Number
BC-2013-00490 in Executive Session on 24 Sep 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 12.
Exhibit B. Letter, AFPC/DPSIT, dated 13 Feb 13.
Exhibit C. Letter, SAF/MRBR, dated 27 Feb 13.
Panel Chair
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