RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02181 COUNSEL: NO HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His military record be corrected to allow him to transfer his Post-9/11 GI Bill education benefits to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: His transfer of Post-9/11 GI Bill benefits has been rejected as a result of continued and blatant prejudice against him during the period of Jan 11 to Apr 12, which resulted in his non- selection to serve in a SELRES or Military Personnel Appropriation (MPA) tour of duty. The prejudice against him was due to his impending Mandatory Separation Date (MSD) of 1 Jun 12, that caused hiring managers and other key decision makers to not select him for any positions that he applied to and/or volunteered for. He is officially retired with no access to his Post-9/11 GI Bill benefits and no ability to transfer these benefits to his dependent son, which he earned through 30 years of service to his country. From Jan 11 to Apr 12, he went above and beyond, searched high and low and aggressively pursued any and all avenues and methods to secure a SELRES position or an MPA tour of duty to once again serve his country. In support of his request, the applicant provides a personal statement, copies of his retirement orders, Point History, AF IMTs 707A, Field Grade Officer Performance Report (Maj thru Col) and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Jun 12, the applicant was assigned to the retired reserve section and placed on the Air Force Reserve Retired List. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. 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 six years of service in the Armed Forces on the date of election and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post- 9/11 benefits to their dependents (38 United States Code (USC), Chapter 33, Section 3319 (b) (1)). 38 USC, Chapter 33, Section 3319 (f) (1) adds that the transfer of such entitlement can only be done while serving as a member of the Armed Forces when the transfer is executed. Governing directives authorize the transfer only while participating either in the Active Duty or SELRES component. Service members who are in the Individual Ready Reserve (IRR) are not eligible for transfer of benefits. On 31 Oct 08, the applicant voluntarily transferred from the SELRES to IRR status and retired on 1 Jun 12. He transferred from the SELRES before the Post-9/11 Transfer of Benefits (TEB) was in effect. There is no provision to “grandfather” benefits to members who transferred before 1 Aug 09, the inception of the program. In addition, the applicant contends there was continued and blatant prejudice in denying a return reassignment to the SELRES prior to retirement. However, his request does not contain evidence to support his allegation. The complete A1K evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jul 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 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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 BC-2013- 02181 in Executive Session on 7 Mar 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Apr 13, w/atchs. Exhibit B. Letter, ARPC/A1K, dated 1 Jul 13. Exhibit C. Letter, SAF/MRBR, dated 24 Jul 13. . Panel Chair 3