RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01493
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be able to transfer his Post 9/11 GI Bill benefits to his
dependents.
APPLICANT CONTENDS THAT:
He retired in 2004 after serving 27 years and the option to
transfer his Post 9/11 GI Bill benefits was not available at the
time of his retirement. Only after meeting with a Department of
Veterans Affairs did he find out about this option.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 21 Jun
76.
On 31 Mar 04, the applicant retired with an Honorable discharge,
and was credited with 27 years, 9 months, and 10 days of active
service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or an injustice. The applicant retired effective
31 Mar 04. By law and DoD regulations, the program for the
Transfer of Benefits started 1 Aug 09. 30 USC, Chapter 33,
Section 3319(f)(1) states: an individual
may transfer such
entitlements 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
transfer of benefits program was established. A member cannot
obtain approval for a program that did not exist at the time of
separation/retirement.
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 30 Sep 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 timely filed.
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-2014-01493 in Executive Session on 7 Apr 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-01493 was considered:
Exhibit A. DD Form 149, dated 04 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 30 May 14.
Exhibit D. Letter, SAF/MRBR, dated 30 Sep 14.
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