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AF | BCMR | CY2012 | BC-2012-01685
Original file (BC-2012-01685.pdf) Auto-classification: Denied
 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

  
 

HEARING DESIRED:  NO 

 
DOCKET NUMBER:  BC-2012-01685 
 
COUNSEL:  NONE 

IN THE MATTER OF: 
   
    
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  allowed  to  accomplish  a  Post  9/11  GI  Bill  transfer  of 
education benefits (TEB) to his dependents.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  believes  he  was  not  informed  of  the  requirements  to  transfer 
education benefits while he was still in service.   
 
The  applicant  did  not  provide  any  documents  in  support  of  his 
request.   
 
The applicant’s complete submission is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
According  to  documents  extracted  from  the  Automated  Records 
Management  System  (ARMS),  the  applicant  contracted  his  initial 
enlistment in the Air National Guard (ANG) on 13 September 1997.  
He  was  progressively  promoted  to  the  grade  of  master  sergeant, 
(E-7),  with  an  effective  date  of  rank  and  pay  grade  of 
5 April 2007.    He  separated  from  the  ANG  on  5  August  2009  and 
was credited with 12 years of total service for retired pay. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
NGB/A1YR  recommends  denial.    A1YR  states  that  Directive-Type 
Memorandum  (DTM)  09-003-  Post  9/11  GI  Bill  dated,  22  June  2009, 
change  2,  dated  14  September  2011,  attachment  2,  paragraph 
3.a.(1)  establishes  “eligible  individuals  as  any  member  of  the 
Armed  Forces  on  or  after  August  1,  2009,  who,  at  the  time  of 
approval  of  the  individual’s  request  to  transfer  entitlement  to 
educational  assistance  under  this  section,  is  eligible  for  the 
Post  9/11  GI  Bill,  and  has  at  least  6  years  of  service  in  the 
Armed  Forces  (active/and  or  Selected  Reserve)  on  the  date  of 

 

 

  

election  and  agrees  to  serve  4  additional  years  in  the  Armed 
Forces  from  the  date  of  election.”    The  applicant  was  not 
retirement eligible and based on his date of separation from the 
ANG,  he  would  have  incurred  a  4-year  service  obligation  to  be 
eligible for TEB to his dependents.   
 
The complete NGB/A1YR evaluation is at Exhibit C. 
 
NGB/A1PS  recommends  denial.    A1PS  states  they  concur  with  the 
NGB/A1YR  advisory  and  do  not  recommend  approval  of  the 
applicant’s  request  to  accomplish  a  Post  9/11  GI  Bill  transfer 
of education benefits to his dependents. 
 
The complete NGB/A1PS evaluation is at Exhibit D. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
Copies  of  the  Air  Force  evaluations  were  forwarded  to  the 
applicant  on  16  July  2012  for  review  and  comment  within  30  days 
(Exhibit E).  To 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.  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 offices 
of  primary  responsibility  (OPR)  and  adopt  their  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 

  
 
 
 
 
 
2 
 

 

 

  

 
 
 

 
 
 

 
 
 

 
 
 

   
   
   

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-2012-01685  in  Executive  Session  on  8  January  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 2 April 2012. 
    Exhibit B.  Applicant’s Master Personnel Record 
    Exhibit C.  Letter, NGB/A1YR, dated 20 June 2012. 
    Exhibit D.  Letter, NGB/A1PS, dated 3 July 2012. 
    Exhibit E.  Letter, SAF/MRBR, dated 16 July 2012. 
 
 
 
 
                                     
                                   Panel Chair 
 

, Panel Chair 
, Member 
, Member 

  
 
 
 
 
 
3 
 

 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

 

 

 

Office of the Assistant Secretary 

Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 

After careful consideration of your application and military records, the Board determined 

 
 
AFBCMR 
1500 West Perimeter Road, Suite 3700 
Joint Base Andrews NAF Washington, MD 20762 
 
 
 
Dear  
 
 
10 USC), AFBCMR Docket Number BC-2012-01685.  
 
 
that the evidence you presented did not demonstrate the existence of material error or injustice.  
Accordingly, the Board denied your application. 
 
 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible. 
 
 
 
 
 
 
 
 
 
 
 
Attachment: 
Record of Board Proceedings 

                                     
                                   Chief Examiner 
                                   Air Force Board for Correction 
                                   of Military Records 

BY DIRECTION OF THE PANEL CHAIR 

You have the right to submit newly discovered relevant evidence for consideration by the 

 
 
 
 

 
 
 
 

 
 
 
 

 

 

  
 
 

  

 

 

  



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