RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00854
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to apply to transfer his Post 9/11 GI Bill benefits
to his dependents with an effective date of 12 Aug 09.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his retirement, he completed the application to transfer
education benefits to his dependents in September or October
2009. Upon inquiring about the transfer of benefits prior to his
retirement, he was informed no changes were necessary on the
form. Therefore, he assumed the transfer process was okay. He
also started the process for Veterans On-Line Application
(VONAPP), but did not proceed beyond the application point. He
is confident he received notification the transfer was
accomplished, but does not have any documentation to confirm
this.
In support of his appeal, 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:
The applicant is a former Regular Air Force member who retired on
1 Feb 10.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial, indicating there is no evidence
of an error or injustice. The applicant does not contend he was
miscounseled or unaware of the website for the transfer of
education benefits. He has not provided any documentation to
support his contentions and there is no record the website was
not properly working during the time frame in question. There is
no evidence the applicant ever logged on to the site. In
addition, the website does not function in a manner that mirrors
the applicants description. The applicant stated he started the
VONAPP process; perhaps he tried to transfer his benefits to his
dependents in this system and not the transfer of education
benefits system. If so, this is an error on the part of the
applicant and not the Department of Defense (DoD) or the Air
Force.
The complete HQ USAF/A1PA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 Apr 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted. However, we do not find the
applicants assertions and the documentation presented in support
of his appeal sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility (OPR).
Therefore, we agree with the recommendation of the Air Force OPR
and adopt its rationale as the basis for our decision the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. Therefore, in view of the
above and in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought.
4. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or 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-2011-00854 in Executive Session on 2 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00854 was considered:
Exhibit A. DD Form 149, dated 23 Feb 11, w/atch.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ USAF/A1PA, dated 15 Apr 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11.
Panel Chair
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