RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03289

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents.

APPLICANT CONTENDS THAT:

He was expected to retire 31 Jul 09 as the Montgomery Post 9/11 GI Bill was announced.  Knowing that he would not qualify for the transfer of benefits unless he retired on or after 1 Aug 09, his commander, allowed him to pull his retirement application and reapply if he fulfilled a 30 to 45 day deployment to Afghanistan.  He accepted the deployment and was allowed to retire with an effective date of 31 Aug 09.  Upon his return from deployment he attempted to transfer his benefits but was denied again and was told he did not meet the requirements. 

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

STATEMENT OF FACTS:

On 13 Jun 89, the applicant initially entered the Regular Air Force.

On 6 Oct 08, the applicant applied for retirement with an effective date of 1 Jul 09.

On 11 Mar 09, the applicant submitted a change to his original application and reapplied requesting a retirement effective date of 1 Aug 09.  The commander indicated that the requested change was due to the member scheduled to fill a one month deployment and recommended approval for the 1 Aug 09 retirement effective date.

On 30 Mar 09, the applicant was provided retirement orders with an effective retirement date of 1 Aug 09 as requested.

On 31 Jul 09, the applicant fulfilled his last day of active service.

On 1 Aug 09, the applicant was furnished an honorable discharge, and was credited with 20 years, 1 months, and 18 days of active service.

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 C and D.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice.

The member served on active duty through 31 Jul 09 and retired effective 1 Aug 09.  By law and DOD regulations, the program for the Transfer of Benefits started 1 Aug 09 and members must have served on or after that date.  The member is ineligible to transfer educational benefits to dependents.

On 15 Jul 09, the Air Force Personnel Center Retirements and Separations section notified the member that he was eligible to extend in order to qualify for TEB, but no action was taken.

38 USC, Chapter 33, Section 3319 (f) (1) states: “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.”  As of 1 Aug 09, the applicant was no longer on active duty to the armed forces therefore, does not qualify for the transfer of benefits.

To grant relief would be contrary to the criteria established by the following law and/or DOD guidance: DOD Instruction 1314.13, Enclosure 3 and AFI 36-2649, Voluntary Education Program.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

AFPC/DP2STM recommends denial indicating there is no evidence of an error or an injustice.  

Approval of this request would go against the policy written in 38 USC, Chapter 33, Section 3319 (f) and DOD Instruction 1314.13, Enclosure 3 and AFI 36-2649, Voluntary Education Program, Attachment 13, A13.18.1.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation(s) were forwarded to the applicant on 9 Mar 16 and 29 Nov 16 for review and comment within 30 days (Exhibit E and F).  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an 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 the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-03289 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

, Panel Chair
, Member
 Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03289 was considered:

	Exhibit A.  DD Form 149, dated 29 Jul 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 22 Dec 15.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 21 Nov 16.
	Exhibit E.  Letter, AFBCMR, dated 9 Mar 16.
	Exhibit F.  Letter, AFBCMR, dated 29 Nov 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter concerning AFBCMR Docket Number BC-2015-03289.