RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00591
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill educational
benefits to her dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
She retired in Apr 08, and had the time needed to transfer her
Post-9/11 GI Bill educational benefits to her son. However, the
Post-9/11 GI Bill did not come into existence until Aug 09.
In support of her request, the applicant provides copies of her
DD Form 214, Certificate of Release or Discharge from Active
Duty; VA Form 21-4138, Statement in Support of Claim, and her
retirement order.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired in the grade of technical sergeant
effective 8 Apr 08, after serving 11 years, 5 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 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 transfer
of educational benefits program was not in effect until 1 Aug
09.
The applicant was medically retired effective 8 Apr 08. Title
38, United States Code (USC), Chapter 33, section 3319(f)(1)
states an individual may transfer such entitlement only while
serving as a member of the armed forces when the transfer is
executed.
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 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. While it is
unfortunate that she retired prior to the effective date of the
program, this in itself, does not 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-2013-00591 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 30 Jan 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 13 Feb 13.
Exhibit C. Letter, SAF/MRBR, dated 27 Feb 13.
Panel Chair
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