RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05625 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to her dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: She was honorably discharged prior to the inception of the program. Had she still been in the service this option would have been available to her – she finds this to be unjust. In support of the applicant’s appeal, she submits a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 10 December 2004, the applicant was honorably released from active duty and transferred to the Air Force Reserve. She served a total of 2 years, 7 months, and 20 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. ________________________________________________________________ _ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states the applicant voluntarily went to Individual Ready Reserve (IRR) status on 1 January 2005. She was honorably discharged from the AFR on 23 January 2007. Title 38 of the United States Code mandates a service member to complete six years of satisfactory service and the member must also agree to serve four additional years in the Selected Reserve when transferring benefits to their dependents. Governing directives authorize the transfer only while participating either in the active duty or selected Reserve component. Service members who are in the IRR are not eligible for transfer of benefits. The applicant left the Air Force Reserve before the Post-9/11 TEB was in effect. There is no provision to “grandfather” benefits to members who were discharged before 1 August 2009, the inception of the program. The A1K complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 3 February 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. ________________________________________________________________ _ 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 an error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) that since the applicant was discharged prior to the implementation of the Post-9/11 GI Bill TEB program she is not eligible to transfer benefits to her dependents. In view of this, 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 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-05625 in Executive Session on 24 September 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 November 2012, w/atch. Exhibit B. Letter, AFRC/A1K, dated 25 January 2013. Exhibit C. Letter, SAF/MRBR, dated 3 February 2013. 2 3