RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01744
COUNSEL: NONE
XXXXXXXXXXXXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Post-9/11 GI Bill entitlement be extended for 12 months or
more.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware that his prior use of the Vietnam Era GI Bill
reduced the months of his Post-9/11 GI Bill entitlement.
In support of his request the applicant provides copies of his
DD Forms 214, Certificate of Release or Discharge from Active
Duty; Department of Veterans Affairs (DVA) Certificate of
Eligibility, Special Orders, Doctorate Program Enrollment and
Education Plan, and various other documents associated with his
request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
National Guard. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/AlY recommends denial. In accordance with Title 38,
§ 3695 the aggregate period for which any person may receive
assistance under two or more GI Bill programs may not exceed
48 months. Therefore, his request is prohibited by law.
The complete A1Y evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
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 BC-2013-
01744 in Executive Session on 16 Dec 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-01744:
Exhibit A. DD Form 149, dated 4 Apr 2013, w/atchs.
Exhibit B. Letter, NGB/A1Y, dated 16 May 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 May 2013.
Panel Chair
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