RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03405 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill educational benefits to his child. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was not able to capitalize on these benefits despite serving in both the Continental United States and overseas in support of 9/11. His base was involved with the Base Realignment and Closure procedures so communication was limited. The change in staff and mission did not allow proper flow of the Post 9/11 GI Bill benefits and entitlements. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 10 Jan 85, the applicant enlisted in the Regular Air Force for a period of four years. On 25 Apr 88, the applicant was honorably released and transferred to the Inactive Air Force Reserve. On 21 Aug 88, the applicant enlisted in the Air National Guard (ANG). On 20 Jun 07, the applicant was relieved from the ANG and transferred to the Air Force Reserve. On 22 Jun 07, the applicant was relieved from his current assignment and placed on the Air Force Reserve Retired List awaiting pay at age 60. Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 09, 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 09, through 1 Aug 13. 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 09, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required. * For those individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10, 1 year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, 2 years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 11, and before 1 Aug 12, 3 years of additional service after approval of transfer required. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial, noting that the applicant did not meet the eligibility criteria for the Transfer of Educational Benefits to his dependents. Title 38, United States Code - Veterans' Benefits, [As amended through P.L. 111-5, Enacted 17 Feb 09], Chapter 33, Post-9/11 Educational Assistance, section 3319, paragraph (f)(l) states, “Time for Transfer. - Subject to the time limitation for use of entitlement under section 3321 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." The applicant retired on 22 Jun 07, prior to the benefits becoming effective. The complete A1Y evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 19 Sep 13 for review and response. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. ________________________________________________________________ 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-2013-03405 in Executive Session on 26 Jun 14, under the provisions of AFI 36-2603: ,Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Jul 13. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, NGB/A1Y, dated 28 Aug 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 19 Sep 13. 1 2