DOCKET NUMBER: BC-2012-00672
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to the Post 9/11 GI Bill educational benefits.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His information on his son was entered incorrectly in the
Defense Enrollment Eligibility Reporting System (DEERS). He
tried numerous times to transfer his Post 9/11 GI Bill benefits
to his son, but was unable to do so. He also attempted several
times to have his son’s information corrected in DEERS, prior to
retirement, but was unsuccessful.
In support of his appeal, the applicant provides a personal
statement.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from his Air National Guard
assignment, on 1 Dec 11 and transferred to the Air Force Reserve
Retired List with a reason of eligible for retired pay except
attainment of eligibility age.
Post-9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve (SelRes), officer or enlisted) on or after
1 Aug 09, who is eligible for the Post-9/11 GI Bill, and meets
the following:
Has at least 6 years of service in the Armed Forces on the
date of election and agrees to serve a specified additional
period in the Armed Forces from the date of election.
Has at least 10 years of service in the Armed Forces
(active duty and/or SelRes on the date of election, is
precluded by either standard policy (service or Department
of Defense (DoD)) or statute from committing to
four additional years, and agrees to serve for the
maximum amount of time allowed by such policy or statute,
or
Is or becomes retirement eligible during the period from
1 Aug 09 through 1 Aug 13. A service member is considered
to be retirement eligible if he or she has completed
20 years of active duty or 20 qualifying years of reserve
service.
For those individuals eligible for retirement on
1 Aug 09, no additional service is required.
For those individuals who have an approved retirement
date after 1 Aug 09, and before 1 Jul 10, no additional
service is required.
For those individuals eligible for retirement after
1 Aug 09, and before 1 Aug 10, 1 year of additional
service after approval of transfer is required.
For those individuals eligible for retirement on or
after 1 Aug 10, and before 1 Aug 11, 2 years of
additional service after approval of transfer are
required.
For those individuals eligible for retirement on or
after 1 Aug 11, and before 1 Aug 12, 3 years of
additional service after approval of transfer are
required.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends approval, stating, in part, the Subject
Matter Expert, in NGB/A1YR contacted the Retention Office
Manager (ROM) to obtain additional information. The ROM
confirmed the applicant tried numbers times to transfer his Post
9/11 GI Bill benefits to his son, but was unable to do so, as he
was entered in the DEERS system incorrectly as a ward of the
state, and not his son. She also confirmed the member attempted
many times to have his son’s information corrected in DEERS,
prior to retirement, but was unable to do so.
The complete NGB/A1PS evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 May 12 for review and response. As of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
2
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action regarding the applicant’s Transfer of
Educational Benefits. The NGB office of primary responsibility
has adequately addressed the issues presented by the applicant
and we are in agreement with its opinion and recommendation.
Therefore, we recommend the applicant’s record be corrected as
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
30 November 2011, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00672 in Executive Session on 13 September 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 3 Apr 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 May 12.
Panel Chair
3
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A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. If he can provide documentation showing he attempted to change his daughter's status in DEERs prior to retiring and the Board finds there was injustice, NGB/RS recommends approval of his eligibility to transfer his Post 9/11 GJ Bill education benefits to his dependent. As of this date, no response has been received by this office (Exhibit D).
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