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Decision Text

AF | BCMR | CY2014 | BC 2014 00147
Original file (BC 2014 00147.txt) Auto-classification: Denied
             RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00147
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents. 


APPLICANT CONTENDS THAT:

He was not informed that he had to transfer the Post-9/11 GI Bill 
to his dependents while on active duty.  He should be allowed to 
transfer the benefits because he worked for the Air Force for 
20 years and should still, being retired, be able to transfer 
those benefits to his spouse or children.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant retired from the Air Force on 1 October 2011 in the 
grade of master sergeant.  He was credited with 20 years and 
25 days of active duty service.  


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant applied for 
retirement effective 15 December 2010 and on 5 March 2011 was 
approved for retirement with an effective date of 30 September 
2011.  There is no record in the Defense Manpower Data Center 
(DMDC) that the applicant applied for the transfer of benefits; 
therefore, no eligibility can be established.  

According to current law and regulation, the applicant would have 
incurred an additional 3 years in the Air Force.  Even if an 
effective date of 1 August 2009 was used, the applicant could not 
have satisfied the required 3 year obligation as required by law 
and regulation.

The complete 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 15 September 2014 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the available evidence of record and 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 their rationale as the basis 
for our conclusion that the applicant has not been the victim or 
an error or injustice.  Therefore, in the absence of evidence to 
the contrary, we find no basis to grant the relief sought in this 
application.  


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-2014-00147 in Executive Session on 3 November 2014, under the 
provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00147 was considered:

	Exhibit A.  DD Form 149, dated 3 Jan 14.
	Exhibit B.  Applicant's Master Personnel Record Excerpts.
	Exhibit C.  Letter, AFPC/DPSIT, dated 14 Feb 14.
        Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 14.




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