RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03895
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:
After his permanent change of station (PCS) to Minot AFB ND from
a special duty assignment as a Recruiter, he had to put in a
waiver for active duty service commitment (ADSC) to apply for
retirement. The waiver was approved in January 2010, 8 months
from his planned retirement in August 2010. At that point he
was well beyond the required 12-months retainability to transfer
the benefits.
He has used the GI Bill and obtained his Bachelor of Science
degree and would appreciate the opportunity to afford this
benefit to his family members.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 30 September 2010.
The remaining relevant facts pertaining to this application,
extracted from the applicants military personnel records are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states, the Department of
Veterans Affairs (DVA), DoD, and the military services widely
publicized the Post 9-11 GI Bill and the transferability feature
to make sure every eligible service member understood the
process for transferring benefits. The Transfer of Benefits
(TEB) system began accepting applications as of 27 June 2009,
with an effective date no earlier than 1 August 2009.
The applicant received notification on 17 December 2009 that he
was eligible to apply for retirement effective 1 October 2010
but required a waiver of a retirement restriction or condition.
The applicant had a PCS ADSC of 26 January 2011. He either had
to submit a waiver request or submit a new retirement request
with a retirement effective no earlier than the first day of the
month following completion of his ADSC. The applicant chose to
retire on 1 October 2010 and waive the ADSC of 26 January 2011.
The complete DPSIT 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 4 November 2011, for review and comment within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
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. After a thorough
review of the evidence of record and applicant's submission, we
believe that relief is not warranted in this case. Therefore, we
agree with the opinion and recommendation of the Air Force office
of primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim of
an error or injustice. In view of the above and in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
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-2011-03895 in Executive Session on 15 May 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 October 2011.
Exhibit B. Letter, AFPC/DPSIT, dated 24 October 2011.
Exhibit C. Letter, SAF/MRBR, dated 4 November 2011.
Panel Chair
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