RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04290
			COUNSEL: NO
			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted a waiver to transfer his Post-9/11 GI Bill 
benefits to his dependent.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 1 Jun 09, he retired from the Air Force at his High Year of 
Tenure (HYT) as a Chief Master Sergeant.  Although his 
retirement date was prior to the 1 Aug 09, Post-9/11 GI Bill 
Transfer of Education Benefits (TEB) start date, he was not 
given the opportunity to reach 1 Aug 09, because of his HYT.

A service member who had an approved retirement or would be 
eligible to retire during the period from 1 Aug 09 through 1 Aug 
13, would not be required to complete the required four-year 
Active Duty Service Commitment (ADSC) to transfer eligibility 
and there was no requirement to go to their HYT in order to meet 
the four-year ADSC.

In support of his request, the applicant provides a copy of his 
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 11 May 79, the applicant enlisted in the Regular Air Force.  

On 31 May 09, he retired after serving 30 years and 20 days of 
active duty service.   

Post-9/11 GI Bill Transferability: Any member of the Armed 
Forces (active duty and/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 (active duty 
and/or Selected Reserves) 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 12.  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 members eligible for retirement on or after 1 Aug 10, 
and before 1 Aug 11, two years of additional service after 
approval of transfer is required.

For those individuals eligible on or after 1 Aug 11, and before 
1 Aug 12, 3 years of additional service after approval of 
transfer is required.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant retired on 1 Jun 
09.  By law and Department of Defense regulations, the program 
for the TEB started 1 Aug 09.  Title 38 United States Code, 
Chapter 33, section 3319(f)(1) states an individual may only 
transfer such entitlement while serving as a member of the Armed 
Forces when the transfer is executed.  

The complete DPSIT evaluation is at Exhibit B.

_________________________________________________________________




APPLICANT’S REVIEW OF AIR FORCE EVALUAITON:

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Oct 13, for review and comment within 30 days 
(Exhibit C).  As of this date, this office has not received a 
response. 

_________________________________________________________________

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 filed.

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 the 
rationale expressed 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-2013-04290 in Executive Session on 1 Jul 14, under the 
provisions of AFI 36-2603:

Panel Chair
Member
Member






The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04290 was considered:

     Exhibit A.  DD Form 149, dated 4 Sep 13 2013, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 27 Sep 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 29 Oct 13.




								
								Panel Chair