RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03099
		
		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 
GI Bill educational benefits to his dependents while he was on 
active duty.   

_________________________________________________________________

APPLICANT CONTENDS THAT:

It is unjust that he is ineligible due to an arbitrary date in 
the law that penalizes him for being made to retire before that 
date.  He meets all the eligibility requirements for TEB, with 
the exception of the 1 Aug 09 implementation date.  Due to 
manning requirements, the policy of the Air Force at the time of 
his retirement was to retire Majors after 20 years of service if 
they were twice deferred to Lieutenant Colonel.  He had intended 
to serve longer, and would have met the letter of the law if he 
had not been forced to retire.   

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from active service effective 1 Nov 07. 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.

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AIR FORCE EVALUATION:
ARPC/DPSIT recommends denial, since the applicant retired in 
2007, prior to the 1 Aug 09 effective date of the Post-9/11 GI 
Bill Program Title 38, Chapter 33, § 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.”  We 
find there has been no injustice regarding the applicant not 
receiving adequate counseling required by law and DoD 
regulation.   

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

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He strongly disagrees with the Air Force advisory, and thinks 
the recommendation is flawed based on three points:  

	1)  He met all the requirements to qualify for TEB.  He had 
a five year obligation to serve through 31 Dec 08.  Had he known 
about TEB at the time, he would have served eight more months 
until 1 Aug 09 to secure the benefits.  

	2)  All the eligibility requirements for the Post 9/11 
GI Bill started on 11 Sep 01.  He accrued all the requirements 
prior to the arbitrary date of 1 Aug 09.  He would not have been 
subject to any additional service time for transferring the 
benefits to his dependents had he still been on active duty on 
1 Aug 09 because he was retirement eligible.

	3)  The money is available for him to go to school, so it 
should not matter if he decides to transfer said money to his 
dependents.  It does not matter who is acquiring the degree 
(Exhibit E).

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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 (OPR) and 
adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
Other than his own assertions, the applicant has provided no 
evidence whatsoever that would convince us the underlying basis 
for his retirement was somehow erroneous, insufficient, or that 
he has been treated differently than those similarly situated 
with respect to his inability to continue to serve until 1 Aug 
09 when he indicates he would have elected to transfer his 
educational benefits to his dependents.  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 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-2012-03099 in Executive Session on 27 Mar 13, under 
the provisions of AFI 36-2603:

     , Panel Chair
, Member
, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jul 12, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 15 Aug 12.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Aug 12.
	Exhibit E.  Letter, Applicant, dated 24 Sep 12.
     




								
                                   Panel Chair