RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:DOCKET NUMBER: BC-2013-01681
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes it is unjust that his transfer of entitlements had
to be done while on active duty. He was not made aware of this;
therefore, he was unable to make the transfer.
In support of the appeal, the applicant submits his DD Form 214,
Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 31 July 2008 in the
grade of technical sergeant.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility which is listed at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. Any member of the Armed Forces,
active duty or Selected Reserve, officer or enlisted, on or
after 1 August 2009, 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 agrees to serve a specified additional period
in the Armed Forces from the date of election (if eligible), may
transfer unused Post-9/11 benefits to their dependents pursuant
to service regulations 38 U.S.C. 3319(b)(1). The transfer must
be initiated while the member is serving in the Armed Forces.
The applicant retired on 31 July 2008. The program for the
transfer of benefits began on 1 August 2009. There has been no
injustice to the extent the member did not receive adequate
counseling as required by law and Department of Defense
regulation.
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 3 May 2013, 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. We took
notice of the applicants complete submission in judging the
merits of this case; however, we find insufficient evidence of
an error or injustice to warrant corrective action. Most
notably, that the program was not in effect at the time of the
applicants retirement. Therefore, 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 Docket
Number BC-2013-01681 in Executive Session on 10 December 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dtd 30 Mar 13, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dtd 18 Apr 13.
Exhibit C. Letter, SAF/MRBR, dtd 3 May 13.
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