Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 02960
Original file (BC 2014 02960.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-02960
 						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 retired in 2006 after 24 years of service.  He never used his 
GI Bill benefit although he contributed to the account in 1982.  
The benefit was designed for those serving in the military after 
9/11 but was not offered until 2009 and excluded those who retired 
before that date.

The Board should consider it in the interest of justice to 
consider his untimely application as the benefit was instituted in 
2009 and he was not informed that such a program existed.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

Transferability of Unused Education Benefits to Family Members. 
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the 
Secretary concerned, to promote recruitment and retention in the 
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or 
more of his or her family members all or a portion of his or her 
entitlement to such assistance. 

Per DoDI 1341.13 and AFI 36-2306, Voluntary Education Programs, 
Atch 9, any service member on or after 1 Aug 09, 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 provided he or she 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 four additional years in the Military Services, NOAA 
Corps, or PHS from the date of election.



On 1 Aug 06, the applicant retired.  


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial of the request as the applicant 
retired on 1 Aug 06.  By law and DoD regulation, the program for 
the TEB started 1 Aug 09.  Per 38 U.S.C § 3319(f)(1) “an 
individual approved to transfer entitlement to educational 
assistance under this section may transfer such entitlement only 
while serving as member of the armed forces when the transfer is 
executed.”  

A complete copy of the AFPC/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 20 Oct 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 an 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 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-2014-02960 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 20 Jun 14. 
	Exhibit B.  Memorandum, AFPC/DPSIT, dated 9 Sep 14.
	Exhibit C.  Letter, SAF/MRBR, dated 20 Oct 14.

 

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00275

    Original file (BC 2014 00275.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00275 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The Board should consider it in the interest of justice to consider his untimely application in order to allow his children to have access to his Post-9/11 GI Bill Education Benefits. We took notice of the applicant’s complete...

  • AF | BCMR | CY2014 | BC 2014 02823

    Original file (BC 2014 02823.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02823 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her 11 Mar 11 application for transfer of her Post-9/11 GI Bill Educational Benefits to her dependents be approved with an Active Duty Service Commitment (ADSC) date of 10 May 15. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial as there is no evidence the applicant signed the SOU in Mar 11. THE BOARD DETERMINES...

  • AF | BCMR | CY2014 | BC 2014 02064

    Original file (BC 2014 02064.txt) Auto-classification: Approved

    In accordance with AFI 36-2306, “For individuals eligible for retirement on 1 Aug 09, no additional service is required.” Given that the applicant was eligible for retirement prior to 1 Aug 09, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval. Based on the applicant’s retirement date, he retired prior to the TEB program being established and therefore, he is not eligible to transfer benefits to his dependents. THE BOARD RECOMMENDS THAT: The...

  • AF | BCMR | CY2013 | BC 2013 03835

    Original file (BC 2013 03835.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03835 COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents without incurring an additional Active Duty Service Commitment (ADSC). The applicant provides no evidence of error or injustice on the part of the Air...

  • AF | BCMR | CY2013 | BC 2013 05062

    Original file (BC 2013 05062.txt) Auto-classification: Denied

    As a United States Air Force Academy (USAFA) graduate, he was not eligible for the Montgomery GI Bill. He would have requested TEB for Post-9/11 GI Bill had he understood that the eligibility requirements were different. _______________________________________________________________ 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;...

  • AF | BCMR | CY2014 | BC 2014 02270

    Original file (BC 2014 02270.txt) Auto-classification: Denied

    The Board should find it in the interest of justice to consider his untimely application because in 2008 he investigated his dependent’s ability to claim the education benefit and was told that since he did not transfer while on active duty it could not now be done. 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...

  • AF | BCMR | CY2014 | BC 2014 02170

    Original file (BC 2014 02170.txt) Auto-classification: Denied

    The Board should find it in the interest of justice to consider her untimely application because in 2008 she investigated her dependent’s ability to claim the education benefit and was told that since she did not transfer while on active duty it could not now be done. 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...

  • AF | BCMR | CY2014 | BC 2014 02209

    Original file (BC 2014 02209.txt) Auto-classification: Denied

    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. 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...

  • AF | BCMR | CY2014 | BC 2014 03824

    Original file (BC 2014 03824.txt) Auto-classification: Denied

    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...

  • AF | BCMR | CY2014 | BC 2014 02250

    Original file (BC 2014 02250.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02250 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependent children. Based on the applicant’s retirement date, he retired prior to the TEB program being established and therefore, he is not eligible to transfer benefits to his dependents. As of this date, no response has been...