RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00978
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be amended to show his eligibility to accomplish a
Post-9/11 GI Bill transfer of educational benefits (TEB) to his
dependent daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served in the Air Force for 24 years to include service
during and after 9/11. While in the military he could not
transfer the education benefits because his daughter was not old
enough to attend college, however, she is old enough now and he
would like to transfer the education benefits to her.
The applicant did not provide any evidence in support of his
request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to copies of documents extracted from the Automated
Records Management System (ARMS) the applicant is a former
member of the Regular Air Force who served from 16 November 1982
through 15 November 1986, and from 13 February 1987 until his
retirement on 1 March 2007.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
retired on 1 March 2007. The program for Transfer of
Educational Benefits started on 1 August 2009. 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:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 March 2013, 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 for this benefit and is not a
victim of an error or injustice. In view of the above, we find no
basis to recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 16 December 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-00978:
Exhibit A. DD Form 149, dated 14 February 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 7 March 2013.
Exhibit D. Letter, SAF/MRBR, dated 22 March 2013.
AF | BCMR | CY2013 | BC 2013 04071
He has served 4 years since the start of the Post-9/11 GI Bill. ________________________________________________________________ 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. Exhibit...
AF | BCMR | CY2013 | BC 2013 02659
He was medically retired at 19 years; done wrong by the Air Force; and now they are taking his Post-9/11 GI Bill benefits that he is entitled to. He was instructed to complete the three extra years and the TEB would be approved. It is unacceptable for DPSIT to deny his request when he served the additional time that is required for approval.
AF | BCMR | CY2014 | BC 2014 00401
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00401 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timely election to terminate his Survivor Benefit Plan (SBP) coverage effective 4 June 2013. We find sufficient evidence to conclude it was the applicants intent to transfer entitlement of educational benefits to all his eligible dependents on the effective date of his...
AF | BCMR | CY2013 | BC-2012-05543
He inquired into transferring the benefit to his daughter and received a letter that stated he was not able to transfer the educational benefit. ________________________________________________________________ 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. After a thorough review of the evidence of record and the applicant's submission, we agree with the opinion and...
AF | BCMR | CY2014 | BC 2014 04059
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04059 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His ability to transfer any/all remaining Post 9/11 GI Bill Education Benefits to his daughter be restored. While we acknowledge the applicants request to transfer Post- 9/11 GI Bill education benefits to his daughter, we do not believe he has demonstrated evidence of an injustice. THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2012 | BC-2012-02602
In this respect, we note the applicant has provided documentation substantiating he was approved for the Transfer of Education Benefits (TEB) for one of his dependent daughters prior to his active duty retirement in October 2009. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 27 October 2009, he elected to transfer his Post-9/11 GI...
AF | BCMR | CY2013 | BC 2013 02546
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational...
AF | BCMR | CY2013 | BC-2012-05210
He completed the required application to transfer his Post- 9/11 GI Bill TEB to his dependent. On multiple occasions in the months of January through March, his network administrators worked on his computer multiple times a week sometimes even several times a day. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22 February 2010, he...
AF | BCMR | CY2012 | BC-2012-00761
The member’s ADSC waiver request is not in the best interest of the Air Force. It is in the best interest of the Air Force and his daughter to approve his request, which will allow him to retire upon completion of 20 years of service. _________________________________________________________________ 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...
AF | BCMR | CY2013 | BC 2013 03179
________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He believes his daughter should be eligible for his GI Bill. At no time was the GI Bill transfer process requirements discussed, perhaps because they assumed he would exhaust his benefits. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 2013.