RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01497
	 		COUNSEL:  NONE
	 		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependent son.  

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APPLICANT CONTENDS THAT:

He was not informed that he was eligible for the Transfer of Education Benefits (TEB), nor was he informed of the requirement to do so while on active duty.  Due to the nature of his responsibilities, he was not able to avail himself of this entitlement.   

In support of his request, the applicant provides an e-mail communique and a copy of an extract from his spouse’s medical records.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired on 1 Nov 2004.  

Service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouse or children.  For those members eligible for retirement on 1 Aug 2009, no additional service retainability was required.  Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 2009, who is eligible for the Post-9/11 Bill, has at least 6 years of service in the Armed Forces on the date of election, and agrees to serve 4 additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title     38 USC, Chapter 33, § 3319(b)(1)).  Title 38 USC, Chapter 33, § 3319(f) (1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed. 

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant retired on 31 Oct 2004 and TEB started on 1 Aug 2009.   Since  38 USC, Chapter 33, Section 3319(f)(1) states an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed, DPSIT can only recommend denial.  There is no evidence of an error or injustice to the extent that the applicant did not receive adequate counseling as required by law and DOD regulation.    

The complete DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Apr 2013.  As of this date, this office has not received a response. 

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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 that 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.  

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01497 in Executive Session on 10 Dec 2013, under the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member
      
The following documentary evidence was considered:    

     Exhibit A.  DD Form 149, dated 27 Feb 2013, w/atch.
     Exhibit B.  Letter, AFPC/DPTT, dated 27 Mar 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Apr 2013.
     



                                    
                                   Panel Chair