RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-01938
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents.
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APPLICANT CONTENDS THAT:

During his retirement out-processing he was informed that he could not transfer his benefits.  The statute has since changed.  
According to the Department of Veterans Affairs (DVA) - a member may transfer benefits if he/she is or becomes eligible to retire 
during the period from 1 August 2009 through 1 August 2013.  He retired effective 30 November 2010.  Therefore, he should be 
allowed to transfer his benefits.

In support of the applicant’s appeal, he provides documents from the DVA and a copy of his DD Form 214, Certificate of Release or 
Discharge from Active Duty.

The applicant's complete submission, with attachments is at Exhibit A.
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STATEMENT OF FACTS:

On 1 December 2010, the applicant retired in the grade of lieutenant colonel after serving 20 years and 16 days on active duty.

Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to 
transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 
6 years of service in the Armed Forces (active duty and/or 
Selected Reserve) on the date of election and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election.




The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant 
indicated that during retirement out-processing he was told he 
could not transfer his education benefits.  That information was 
correct based on the facts of the situation.  The applicant 
received education counseling on 18 February 2010.  As his Total 
Active Federal Military Service Date (TAFMSD) was 15 November 
1990, he would incur a one year Active Duty Service Commitment 
(ADSC) to be approved for TEB IAW AFI 36-2306, Attachment 9, 
A9.18.1.4.  Based on his approved retirement date of 30 November 
2010, he could not fulfill the required ADSC/Obligation for TEB 
and therefore was ineligible.

The DPSIT complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 May 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and response within 30 days (Exhibit C).  As of this date, no response has been received by this office. 
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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The 
applicant’s contentions are duly noted; 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 the evidence presented did not demonstrate the existence of an error or an 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01938 in Executive Session on 16 December 2013, under the provisions of 
AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 16 April 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIT, dated 1 May 2013.
  Exhibit C.  Letter, SAF/MRBR, dated 19 May 2013.
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