RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00746
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 would like the opportunity to transfer his Post-9/11 GI Bill
to his dependents. He was unaware of the program and the
requirement to make the transfer while on active duty.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the Military Personnel Data System, the applicant
retired from the Air Force effective 31 July 2003 in the grade
of lieutenant colonel.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant retired on 31 July
2003, prior to the effective date of the Post-9/11 GI Bill. By
law and Department of Defense Regulations, the program for the
Transfer of Benefits began on 1 August 2009. Since 38 USC
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.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 September 2014, for review and comment within
30 days (Exhibit C). As of this date, this office has received
no 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 this 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 that the
applicant is not a victim of an error or injustice since he
retired prior to the effective date of the Post-9/11 GI Bill.
Therefore, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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-2014-00746 in Executive Session on 20 February 2015,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00746 was considered:
Exhibit A. DD Form 149, dtd 2 Feb 14.
Exhibit B. Letter, AFPC/DPSIT, dtd 12 Mar 14.
Exhibit C. Letter, SAF/MRBR, dtd 22 Sep 14.
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