RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03824
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependent children.
APPLICANT CONTENDS THAT:
He retired from the Reserve 9 months prior to the date congress passed the Post-9/11 GI Bill Transfer of Benefits in Jun 08. Although he is currently eligible to personally use the benefits, he is now retired and therefore no longer able to transfer to his dependents. He believes it is unfair to deny the TEB, just because he is already retired.
The Board should find it in the interest of justice to consider his untimely application because he recently found out from a college his daughter is applying that she may be eligible for TEB. This is what prompted him to act now and he discovered through a military forum that in order to transfer his benefits he needed to apply to the BCMR.
The applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of lieutenant colonel (O-5) effective 4 Sep 07.
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:
AFPC/DPSIT recommends denial. DPSIT states, the member retired effective 4 Sep 07. By law and DoD regulations, the program for the Transfer of Education Benefits (TEB) started 1 Aug 09. According to 38 USC, Chapter 33, Section 3319 (f) (1) "an individual...may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." Based on the applicants retirement date, he retired prior to the TEB program being established and therefore, he is not eligible to transfer benefits to his dependents.
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 10 Feb 15 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.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
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-2014-03824 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
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The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Sep 14.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Oct 14.
Exhibit C. Letter, SAF/MRBR, dated 10 Feb 15.
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