RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00033
COUNSEL: NO
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
It is an injustice that he is not allowed to transfer his Post-
9/11 educational benefits. He had countless conversations with
the base education office regarding his ability to transfer his
benefits. He began his terminal/permissive leave in Apr 09 with
an effective retirement date of 1 Aug 09. He was informed by HQ
USAF/A1PA that an attempt was made to contact him several times
by mail; however, he never received any letters. Had he been
informed of the effective date of the Post-9/11 GI Bill, he would
have extended his retirement by one month.
In support of her request, the applicant provides a personal
statement and a copy of a letter from HQ USAF/A1PA.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 Aug 09 after serving over 23 years on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial. The Air Force determined that
members with a retirement date of 1 Aug 09 were technically not
on duty such that they could transfer benefits since their last
duty day was 31 Jul 09. As a result, the Air Force contacted
each service member with a 1 Aug 09 retirement date and offered
those members an opportunity to extend their retirement date to
1 Sep 09. Furthermore, had the applicant expressed an interest
in extending his retirement date, he would have been counseled to
review, sign, and return the Acceptance of Extension option form
before 22 Jul 09.
The Post-9/11 GI Bill was widely publicized along with the
transferability feature. To be eligible, a member must have been
on active duty on or after 1 Aug 09 and agree to serve a
prescribed term of service.
The HQ USAF/A1PA complete 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 Jun 11 for review and comment within 30 days. As of this
date, this office has received no 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 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 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 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-2011-0033 in Executive Session on 9 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Dec 10, w/atchs.
Exhibit B. Letter, HQ USAF/A1PA, dated 15 Jun 11.
Exhibit C. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
AF | BCMR | CY2011 | BC 2011 02151
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