RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01377
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her records be corrected to show she transferred her Post-9/11 GI Bill Education Benefits to her daughter while on active duty.
APPLICANT CONTENDS THAT:
She was not briefed on the Transfer of Education Benefits (TEB) program while on active duty; therefore, she was unable to utilize the TEB option for her daughter. She requests the Board grant her an exemption so that her daughter can be given the opportunity to go to college and help her family.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Jan 99.
On 5 Jan 04, the applicant was separated from the Regular Air Force and transferred to the Air Force Reserve.
On 7 Jun 08, the applicant was honorably discharged from the Air Force Reserve.
The remaining relevant facts pertaining to this application are contained in the memorandum 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 an injustice. The applicant was discharged from the Air Force Reserve 8 Jan 07 [sic] before the TEB program was implemented on 1 Aug 09. A service member cannot obtain approval for a program that did not exist at the time of separation/retirement. Title 38 U.S.C., Chapter 33, Section 3319 (f) (1) states: an individual
may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.
A complete copy of the AFPC/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 28 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note the Air Force advisory opinion erroneously reflects the applicants discharge date as 8 Jan 07, instead of 7 Jun 08. Nevertheless, the fact remains that the applicant was discharged from the Air Force Reserve prior to 1 Aug 09, when the transfer of educational benefits (TEB) for the Post-9/11 GI Bill was established, therefore rendering her ineligible to transfer her benefits. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-01377 in Executive Session on 13 Jan 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01377 was considered:
Exhibit A. DD Form 149, dated 15 Jan 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 9 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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