RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00662
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 is a military veteran living in Washington State who retired
from active duty Air Force with 24 years of service. He never
had the opportunity to use his benefits from the Post 9/11 GI
Bill or to transfer them to his children. He needs Department
of Defense (DoD) approval to transfer the educational benefits
in his records.
Several of his retired veteran friends have transferred their
Post 9/11 GI Bill educational benefits to their children within
months of their retirement or even after retirement with no
additional service commitment required. He feels it is unjust
that he not be afforded the same opportunity for his children.
He wrote to the Regional Department of Veterans Affairs (DVA)
and the Educational Officer with the Regional DVA indicated that
he needed to have the DoD approve the transfer of entitlement to
have his children (in DEERs) loaded to the Transfer of
Educational Benefits (TEB) website.
He feels the Board should find it in the interest of justice to
consider his untimely application because he was not aware of
the ability to transfer Post 9/11 GI Bill benefits until
speaking with several of his retired friends across the country.
It became relevant since he has four children and two of them
are now college age.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 7 Feb
83.
On 31 Mar 07, the applicant retired with 24 years, 1 month and
24 days of active service.
On 7 Jan 14, the Department of Veterans Affairs notified the
applicant to contact his Service component to request his
transfer of benefit entitlement.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or an injustice. The Department of Defense (DoD)
issued a regulation, Directive Type Memo (DTM) 09-003 (reissued
10 Sep 10), that authorized the Military Departments to offer
service members the option to transfer benefits. The transfer
must be initiated while the member is serving in the Armed
Forces, which is defined as limited to those on active duty or
in the Selected Reserve (38 U.S.C. § 3319(f)(l); DTM 09-003,
Attachment 2(3)(g)(l) (reissued 10 Sep 10); and AFI 36-2306,
Attachment 9, paragraph A9.18.
The applicant retired effective 31 Mar 07. The Transfer of
Educational Benefits (TEB) Program was signed into law effective
1 Aug 09. Based on his retirement date, he retired before the
TEB program was established and therefore 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 15 May 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, including
attachments, 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00662 was considered:
Exhibit A. DD Form 149, dated 16 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 19 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 15 May 14.
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