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AF | BCMR | CY2013 | BC-2013-01744
Original file (BC-2013-01744.txt) Auto-classification: Denied
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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