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 applicants 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 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 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.
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