RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02961 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be eligible to transfer his Post-9/11 GI Bill educational benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement in Apr 2009, the Post-9/11 GI Bill Transfer of Education Benefits (TEB) program had been passed by Congress and approved by the Department of Veterans Administration (DVA); however, the services did not establish TEB requirements until Aug 2009. He was in a special duty assignment and forecasted his retirement a year in advance to help his unit secure a qualified replacement. At the time, he expected the benefit would be afforded to retiring members. He had no opportunity to withdraw his retirement. In support of his request, the applicant provides a letter of support, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; and other various documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 18 Feb 1986 and was progressively promoted to the grade of Senior Master Sergeant (SMSgt). He was retired on 30 Apr 2009 after serving 23 years, 2 months and 13 days. Post-9/11 GI Bill: 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 GI Bill, and: * 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. * Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, 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, or * Is or becomes retirement eligible during the period from 1 Aug 2009 through 1 Aug 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. * For those individuals eligible for retirement on 1 Aug 2009, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. * For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, 1 year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, 2 years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, 3 years of additional service after approval of transfer required. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant retired on 30 Apr 2009. By law and Department of Defense (DOD) regulations, the program for TEB started on 1 Aug 2009. Since Title 38, United States Code (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. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 23 Aug 2013, a copy of the Air Force evaluation was forwarded to the applicant 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 (OPR) 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. ________________________________________________________________ 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-2013-02961 in Executive Session on 28 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence in AFBCMR Docket Number BC-2013-02961 was considered: Exhibit A. DD Form 149, dated 13 Jun 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 28 Jun 2013. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 2013. 1 2