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AF | BCMR | CY2011 | BC-2011-01253
Original file (BC-2011-01253.txt) Auto-classification: Denied
 

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 applicant’s 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 
applicant’s 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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