RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03209
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer eligibility of Veterans Affairs (VA) educational benefits to his dependent son.
APPLICANT CONTENDS THAT:
He was not informed, when retiring in April 2007, of the requirement to be on active duty in order to transfer the Post 9/11 GI Bill educational benefits to his dependents. This type of information should have been part of his out-processing briefings. Since he had two children to send to college and having already obtained a college education himself, he would have certainly transferred the benefit.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 1 May 2007, the applicant retired in the grade of lieutenant colonel (O5).
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. The applicant retired before the Transfer of Education Benefits (TEB) program was established. By law and Department of Defense (DoD) regulation, the program for TEB began effective 1 August 2009. In accordance with Title 38 United States Code (USC), Chapter 33, Section 3319(f)(1), an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. Therefore, the applicant cannot obtain approval for a program that did not exist at the time of his 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 6 February 2015 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 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 (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-2014-03209 in Executive Session on 11 May 2015 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03209 was considered:
Exhibit A. DD Form 149, dated 4 August 2014.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 23 September 2014.
Exhibit D. Letter, SAF/MRBR, dated 6 February 2015.
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