RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01624
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounselled.
He was advised to make an election based on enrollment in other
programs. He was informed his eligibility was intact based on
his years of service and that no other action was required. He
was not provided a certificate of eligibility. He was never
informed his election had to occur while he was on active duty.
In support of his request, the applicant submits copies of the
Post-9/11 MGIB Questions and Answers and 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:
On 31 Mar 11, the applicant was retired from the Regular Air
Force. He served 26 years, 10 months and 22 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial, since the Air Force made
reasonable efforts to ensure the information was available to the
applicant prior to his retirement. A1PA states members may have
had the impression that being on active duty or in the Selected
Reserve on the effective date of the law, 1 Aug 09, was
sufficient to vest them with the right to transfer benefits at
some time in the future. The applicant attended a Transistion
Assistance Planning Seminar in Sep 10 and received a briefing on
the Post-9/11 GI Bill. The briefing was standardized across the
Air Force in late 2009 and contains the basic information about
the program and includes the requirement to be on active duty to
transfer benefits. He also stated he was directed to the
Veterans Affairs GI Bill Web site. This web site has a link to
the specific Post-9/11 GI Bill site that includes an additional
link to complete information on how to transfer benefits to
dependents as well as the eligibility requirements. The
applicant had ample opportunity to seek further clarification
from an educational counselor or read the available DoD or AF
guidance.
The complete A1PA 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 17 Jun 12, for review and comment within 30 days. As of this
date, this office has received no response (Exhibit C).
_________________________________________________________________
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 the Board's understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 Feb 12, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-01624:
Exhibit A. DD Form 149, dated 10 Apr 11, w/atchs.
Exhibit B. Letter, HQ USAF/A1PA, dated 2 Jun 11.
Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.
Panel Chair
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