RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00275
COUNSEL: NONE
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 not aware that his benefits could be transferred to his
dependents at the time of his discharge.
The Board should consider it in the interest of justice to
consider his untimely application in order to allow his children
to have access to his Post-9/11 GI Bill Education Benefits.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the
Secretary concerned, to promote recruitment and retention in the
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or
more of his or her family members all or a portion of his or her
entitlement to such assistance.
Per DoDI 1341.13 and AFI 36-2306, Voluntary Education Programs,
Atch 9, any service member on or after 1 Aug 09, who is entitled
to the Post-9/11 GI Bill at the time of the approval of his or her
request to transfer that entitlement under this section, may
transfer that entitlement provided he or she has at least 6 years
of service in the Military Services (active duty or Selected
Reserve), National Oceanic and Atmospheric Administration
Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of
the Public Health Service (PHS) on the date of approval and agrees
to serve 4 additional years in the Military Services, NOAA Corps,
or PHS from the date of election.
The applicant entered the Regular Air Force on 29 Jan 02 and was
honorably released on 14 Jan 05. He was credited with 2 years,
11 months and 16 days of active service.
According to his Reserve Order CA-013429 dated 1 Sep 09, he was
honorably discharged from the Air Force Reserve (AFR) effective
30 Aug 09.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant separated from
active duty, entered the AFR and separated from the AFR under his
own accord. There was no reduction of force or force shaping
actions; his separation was voluntary. Because the applicant
already had an approved separation prior to the establishment of
the TEB program, he was unable to satisfy the 4 year ADSC
requirement, even if approved effective 1 Aug 09.
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 4 Apr 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
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-2014-00275 in Executive Session on 20 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 14 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Apr 14.
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