RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02026
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 Montgomery GI Bill
benefits to her dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
She applied for the Post-9/11 GI Bill benefits in Aug 09 but was
never notified of her eligibility. On 5 Apr 11, she was finally
approved and received notification from the Department of
Veterans Affairs.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 2 Jul 84, the applicant enlisted in the Regular Air Force,
with a Total Active Federal Military Service Date (TAFMSD) of
2 Jul 84.
On 1 Aug 04, the applicant retired from active duty and was
credited with 20 years and 29 days of total active service.
According to documentation provided by the applicant, on 5 Apr
11, she received a Certificate of Eligibility from the
Department of Veterans Affairs indicating she is entitled to
benefits under the Post-9/11 GI Bill.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. The applicant retired effective 1 Aug
04 and the program for the Transfer of Education Benefits (TEB)
started on 1 Aug 09. Based on the applicants retirement date,
she retired before the TEB program was established. An
applicant cannot obtain approval for a program that did not
exist at the time of their separation/retirement.
The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09.
Any member of the Armed Forces who, on or after 1 Aug 09, is
eligible for the Post-9/11 GI Bill, had at least six years of
service on the date of election may transfer unused Post-9/11
benefits to their dependents.
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 8 Sep 14 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 or injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
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-2014-02026 in Executive Session on 23 Mar 15, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 14, w/atch.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 27 May 14.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 14.
3
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