RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00553
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed by a Veterans Affairs (VA) counselor of his
entitlement to transfer his Post-9/11 GI Bill educational
benefits.
In support of his request, the applicant provides a copy of VA
Form 21-4138, Statement in Support of Claim.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Sep 04, the applicant was transferred to the Air Reserve
Personnel Center. On 2 Oct 04, he was assigned to the Retired
Reserve Section and placed on the Retired Reserve List.
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 agreed 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).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that 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 (DoD) regulation. In addition, the Post-9/11 GI Bill
program was not in effect during the period the applicant was on
active duty.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 27 Feb 13, 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 applicants 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
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2013-
00553 in Executive Session on 12 Nov 13, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 13, w/atch.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 13 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 27 Feb 13.
Panel Chair
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