RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01253
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He applied to transfer from the MGIB to the Post 9/11 GI Bill in
February 2010 but was advised by the Nellis education office to
wait one year to apply for TEB. When he applied to transfer in
March 2011, he no longer had required retainability and his
request was disapproved.
The applicant provides no documentation in support of his appeal.
The applicant's complete submission at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/A1PA recommends denial. A1PA states the applicant contends
he transferred from the MGIB to the Post 9/11 GI Bill on
15 February 2010. The DMDC TEB database reflects no activity in
his record until 23 March 2011.
The applicant does not provide any documentation to support his
contention he was incorrectly counseled and a check of the Nellis
education office official records only document one contact, when
the applicant performed his final clearance for retirement on
3 February 2011.
Airman and Family Readiness Center (A&FRC) records show the
applicant received his Transition Assistance Program briefing on
2 August 2010 at the Nellis AFB A&FRC. A&FRCs use a standardized
briefing that informs members there are additional service
commitments associated with transferring Post 9/11 GI Bill
benefits and they should seek additional counseling if interested
in transferring benefits. There is no information in the
briefing about delaying transfers.
Approximately three weeks later, on 25 August 2010, the applicant
applied for retirement. As part of the retirement application
process, he electronically acknowledged the counseling statement
concerning Post 9/11 GI Bill transfer procedures and associated
service obligations. Nonetheless, the applicant submitted his
application and received an approved voluntary retirement date,
which made him ineligible to transfer benefits seven months later
when he tried to do so in the TEB.
The A1PA complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 June 2011, a copy of the Air Force evaluation was forwarded
to the applicant for review and response 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
applicants contentions are duly noted; 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.
_________________________________________________________________
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-2011-01253 in Executive Session on 30 April 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01253 was considered:
Exhibit A. DD Form 149, dated 27 March 2011.
Exhibit B. Letter, USAF/A1PA, dated 25 May 2011.
Exhibit C. Letter, SAF/MRBR, dated 24 June 2011.
Panel Chair
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