RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01354
		COUNSEL: NONE
		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was unjustly denied the opportunity to transfer his Post-
9/11 GI Bill education benefits due to the ambiguity of the 
application directions, an inaccurate evaluation of his 
participation record, the slow processing of his claim and the 
involuntary nature of his mandatory retirement.

In support of his request, the applicant provides a personal 
statement, copies of VA Form 22-1999 (VONAPP), Department of 
Veterans Affairs (DVA) Application for VA Education Benefits; 
memorandums, DVA Certificate of Eligibility and various other 
documentation in support of his appeal.

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

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STATEMENT OF FACTS:

On 14 Mar 08, the applicant was transferred from the Air Reserve 
Personnel Center (ARPC) Non-Obligated Non-Participating Ready 
Personnel Section (NNRPS) to the ARPC Inactive Status List 
Reserve Section (ISLRS).  

On 21 Jan 11, the applicant was relieved from ISLRS.  On 1 Jun 
11, he was assigned to the Retired Reserve Section and placed on 
the Retired Reserve List.  

The Post-9/11 BI Bill program became effective 1 Aug 09, based 
on the Post-9/11 Veteran Education Assistance Act of 2008, as a 
result of Public Law No 110-252 signed by the President on 
30 Jun 08.

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AIR FORCE EVALUATION:

AFRC/A1K recommends denial.  A1Y states that the applicant did 
not apply for the transfer of benefits via the Transfer of 
Education Benefits (TEB) system and there is no application on 
file.  A1K states that service members can only apply for the 
transfer while serving in the Selected Reserve or active duty.  
The applicant was in the Individual Ready Reserve (IRR) 
effective 16 Nov 06, and remained there until he went to 
inactive status on 10 Mar 08, and later retired on 2 Jun 11.  
Therefore, he was not participating for both pay and points at 
any time after the effective date of the program, 1 Aug 09.  

Every effort was made by the Department of Defense (DoD), the 
VA, and the services to make sure that every service member 
understood the process for transferring benefits.  The VA itself 
did not have its final rules and regulations (published until 31 
Mar 09 (DVA 38 CFR part 21, Post-9/11 GI Bill).  While the rules 
and regulations were being formulated, DoD and the services were 
busy trying to build an infrastructure that could transmit the 
transfer of benefit data between DoD and the VA.  As of the 
effective date of the program got closer, the “rules of 
engagement” became clearer.

The complete A1K evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 19 Apr 13, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response. 

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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 and adopt its 
rationale 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.

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.

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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. 

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The following members of the Board considered AFBCMR BC-2013-
01354 in Executive Session on 16 Dec 23, under the provisions of 
AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 13, w/atchs.
    Exhibit B.  Applicant’s Available Personnel Record.
    Exhibit C.  Letter, AFRC/A1K, dated 16 Apr 13.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Apr 13. 




                                  Panel Chair
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