RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01726
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill Educational
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was medically retired in 2006 with 20 years 9 months and
29 days of service. He wants his sons to be successful in life
and this is his plan to assist them. If he was allowed to
remain on active duty he would have made this transfer of
benefits.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was medically retired from the Air Force in the
grade of master sergeant (MSgt, E-7) effective 21 Jul 2006. He
served 20 years, 9 months and 29 days of active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT says that the applicant
provides no evidence of error or injustice on the part of the
Air Force. According to 38 USC, Chapter 33, § 3319 (f) (1) "an
individual ... may transfer such entitlement only while serving
as a member of the armed forces when the transfer is executed."
The applicant was not on active duty on or after 1 Aug 2009,
therefore, he is not eligible to transfer benefits to his
dependents.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 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 Docket
Number BC-2013-01726 in Executive Session on 27 Jan 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-01726 was considered:
Exhibit A. DD Form 149, dated 3 Apr 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 Apr 2013.
Exhibit D. Letter, SAF/MRBR, dated 3 May 2013.
Panel Chair
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