AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00490
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. In Jul 09, he completed the request to transfer his Post-
9/11 GI Bill benefits; however, his request was denied in Aug
09.
2. He was in a medical evaluation board (MEB) status and made
several attempts for clarification; however, the servicing
military personnel flight (MPF), education office, and military
treatment facility (MTF) were unable to provide assistance
because of the limited information at the time.
3. He should have been allowed to transfer his benefits under
the “pending permanent disability retirement category.”
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a special order, and an email.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 29 Jul 09, the applicant was permanently disability retired
in the grade of master sergeant after serving 22 years, 5 months
and 11 days on active duty.
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 AFPC/DPSIT recommends denial. DPSIT states the applicant
retired effective 29 Jul 09 and the program for Transfer of
Benefits (TEB) started 1 Aug 09. There has been no injustice to
the extent that the applicant did not receive adequate
counseling as required by law and Department of Defense (DoD)
regulation.
The complete DPSIT 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 27 Mar 12 for review and comment within 30 days (Exhibit D).
As of this date, this office has not received a response.
________________________________________________________________
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.
________________________________________________________________
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.
________________________________________________________________
2
Panel Chair
Member
Member
The following members of the Board considered AFBCMR BC-2012-
00490 in Executive Session on 13 Sep 12, under the provisions of
AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Feb 12, w/atch.
Exhibit B. Applicant’s Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 19 Mar 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Mar 12.
Panel Chair
3
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