AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01533
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:
He was not told that the transfer of his benefits had to be made
while in a military status. His military Reserve position no
longer exists or he would still be serving.
In support of the applicant’s appeal, he provides copies of
documents extracted from his military personnel record.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 December 2010, the applicant retired from the Air National
Guard (ANG) in the grade of chief master sergeant.
The remaining relevant facts pertaining to this application,
extracted from the applicant’s military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1YR recommends denial. A1YR states on 13 September 2009,
the Retention Office Manager (ROM) had a VA Representative speak
on the Post 9/11 GI Bill. This was advertised through the Unit
Career Advisor (UCA), Base Page, and word of mouth. There were
three UCA meetings on 10 January, 16 May and 17 October 2009, in
which the Post 9/11 MGIB was a topic. The ROM could not say for
sure that the applicant was briefed on the requirement to TEB
while still an active member of the ANG.
The complete A1YR evaluation is at Exhibit B.
NGB/A1PS concurs with NGB/A1YR.
The complete A1PS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 June 2012, copies of the Air Force evaluations were
forwarded to the applicant for review and response within 30 days
(Exhibit D). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
corrective action. While we note the steps the Air Force office
of primary responsibility indicates were taken to inform eligible
personnel of this new benefit, the OPR indicates it cannot be
confirmed that the applicant was briefed on the requirements to
transfer his benefits to his dependents. In addition considering
the applicant’s account, it does not appear reasonable that he
would have knowingly elected not to pursue use of this important
entitlement. Therefore, we find the evidence sufficient to find
it in the interest of justice to recommend the records be
corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that on
9 November 2010, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-01533 in Executive Session on 13 November 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR BC-2012-01533
was considered:
Exhibit A. DD Form 149, dated 19 March 2012, w/atchs.
Exhibit B. Letter, NGB/A1YR, dated 4 June 2012.
Exhibit C. Letter, NGB/A1PS dated 11 June 2012.
Exhibit D. Letter, SAF/MRBR, dated 19 June 2012.
3
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