RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02209
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependent.
APPLICANT CONTENDS THAT:
Upon retirement his daughter was not transferred his educational benefits due to an oversight, which prevented him from making the request prior to his retirement.
The Board should find it in the interest of justice to consider his untimely application because his daughter was still in middle school at the time he retired. He is simply asking for the benefits he earned from 21 years of service to be transferred to her.
In support of the appeal, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force Reserve in the grade of Technical Sergeant (TSgt, E-6) effective 31 Oct 07. He served 11 years, 9 months and 7 days of active service.
Post-9/11 GI Bill Transferability: Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement, may transfer that entitlement provided he or she meets one of these conditions:
* Has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election.
* Has at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, is precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.
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 B.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states, the DoDI clearly says that the ability to transfer Post-9/11 GI Bill benefits was not an option prior to 1 Aug 09. The error was not caused by oversight, but by the members ineligibility to accomplish the transaction due to the date of his retirement. In accordance with DoDI 1341.13, Enclosure 3, 3.a., "Any service member on or after August 1, 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement..." (Atch 2).
A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Aug 14 for review and comment within 30 days (Exhibit C). 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 error or injustice. We took notice of the applicant's 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 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-2014-02209 in Executive Session on 20 Feb 15, under the provisions of AFI 36-2603:
XXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 May 14, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 25 Jun 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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