RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00445
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 of his eligibility for the Post-9/11 GI Bill
until he enrolled in college. He was not aware he needed to
transfer his benefits prior to discharge.
The Board should consider his untimely application in the
interest of justice because he was offered the Post-9/11 GI Bill
benefits after his discharge.
The applicant did not provide any documents to support his
request.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 15 Oct 08, the applicant was discharged from the Air Force
Reserve (USAFR). His Total Active Federal Military Service Date
(TAFMSD) is 16 Oct 00.
Transferability of unused benefits to dependents.
Any member of the Armed Forces (active duty and/or Selected
Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill
eligibility requirements and at the time of the approval of the
members request to transfer entitlement to educational
assistance the member meets one of the following:
o Has at least 6 years of service in the Armed Forces (active
duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of
application and agrees to serve four additional years in the Air
Force from the date of request, regardless of the number of
months transferred, or
o Has at least 10 years of service in the Armed Forces (active
duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of
application, is precluded by either Air Force policy (e.g., High
Year Tenure [HYT]), DoD policy or statute from committing to
four additional years of service and agrees to serve for the
maximum amount of time allowed by such policy or statute.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant retired on 15 0ct
08. By law and Department of Defense (DoD) regulations, the
program for the Transfer of Benefits (TEB) started 1 Aug 09.
Title 38 United States Code, Chapter 33, states in part that an
individual may transfer such entitlement only while serving as a
member of the armed forces when the transfer is executed.
Based on the applicants retirement date, he retired before the
TEB program was established. Therefore, he cannot obtain
approval for a program that did not exist at the time of his
retirement.
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 21 Mar 14, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
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.
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-2014-00445 in Executive Session on 15 Jan 15, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 14, w/atchs.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 14 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
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