DOCKET NUMBER: BC-2012-01801
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 allowed to transfer his Post 9/11 GI Bill educational
benefits.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was not aware that he was supposed to transfer his benefits.
He did not transfer his benefits prior to his Reserve retirement
and would like the opportunity to complete this transfer.
In support of his appeal, the applicant provides copies of his
Reserve Retirement order, Reserve Order (RA) EK-0190;
DD Forms 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his most recent separations.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Jan 12, the applicant was relieved from his Reserve
assignment and transferred to the Retired Reserve.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial, stating, in part, that they concur
with the NGB Subject Matter Expert's (SME) advisory and does not
recommend approval of a change to his eligibility to transfer
his Post 9/11 GI Bill benefits to his eligible family members.
NGB/AlYR contacted the Retention Office Manager (ROM) of the
applicant’s former Wing, to obtain additional information. The
ROM stated out-processing counseling was conducted with him on
29 Sep 11, where they discussed GI Bill benefits, to include the
Post 9/11 GI Bill and Transfer of Education Benefits (TEB)
requirements.
In addition to the verbal counseling, the ROM had the applicant
review and complete a Montgomery GI Bill Retirement/Separation
Counseling form (attached). Section One is the Post 9/11 GI
Bill TEB portion that explains the transfer of Post 9/11 GI Bill
benefits can only be done while serving in the Armed Forces and
once a member separates the option is no longer available. The
form also lets the members know they are responsible to initiate
the transfer request prior to separation and gives the TEB
website 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 30 Aug 12 for review and response. As of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
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 NGB office of primary responsibility and adopt its
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
2
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-2012-01801 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 28 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 6 Aug 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
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