DOCKET NUMBER: BC-2012-01310
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 able to transfer his Post 9/11 GI Bill educational
benefits to his dependents.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was not aware nor did he transfer his benefits prior to his
Reserve retirement. He would like an opportunity to complete
this transfer.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Jan 12, the applicant transferred to the Retired Reserve.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, stating, in part, the applicant did
not transfer his benefits to his dependents prior to his
established retirement date as defined in Public Law No. 110-
252.
Post 9/11 GI Bill, Chapter 33, became effective 1 Aug 09 based
on Post 9/11 Veterans Education Assistance Act of 2008. It is
the result of Public Law No. 110-252 signed by the President on
30 Jun 08. Section 3319 (f)(1} which states in part, that "an
individual may transfer such entitlement only while serving as a
member of the armed forces when the transfer is executed." As
early as Apr 09, Veterans Affairs, Air Force and Air Force
Reserve Components, and in fact all services, published articles
in service related newsletters and web sites explaining the
program benefits and requirements.
(PM),
Base
Individual
Mobilization
On 23 Jul 09, Air Force published Air Force Instruction 36-
2306_AFGMI, Air Force Guidance Memorandum-Post 9/11 GI Bill. In
accordance with that guidance, Air Force Reserve Command
implemented a communication plan that employed the Air Reserve
Personnel Center and unit education and training offices to
convey program information locally in briefings as well as
articles in service related newsletters and multiple web sites.
By mid Jun 09 unit education and training offices were trained
via a Webinar session and received flyers to ensure as complete
exposure as possible. Information was made available to Program
Managers
Augmentee
Administrator (BIMAA) and Readiness Management Group. In
addition, the Air Force Reserve Commander sent an email to all
Reserve members in Nov 09. This email explained the
requirements and the need to transfer benefits while a member of
the Selected Reserve. The note further provided contact
information for the Air Reserve Personnel Center should a member
need additional assistance. A statement explaining the need to
transfer benefits prior to retirement was added to the Virtual
Personnel Center-Guard Reserve (vPC-GR) retirement checklist in
Jul 10.
This communication plan was carefully implemented because there
is no provision in the law or DoD policy for a waiver if a
member retires without transferring the benefits. The
opportunity to transfer is not an entitlement and is in fact
intended as a retention tool in exchange for additional service.
Every effort was made, even before the program became available
to convey information to eligible members.
The complete ARPC/DPTT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 May 12 for review and response. As of this date,
no response has been received by this office (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
2
rationale as the basis for our conclusion 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 the evidence presented did not
demonstrate the existence of material 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 Docket Number BC-
2012-01310 in Executive Session on 13 November 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 7 May 12.
Exhibit C. Letter, SAF/MRBR, dated 8 May 12.
Panel Chair
3
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