RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02018
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to accomplish a Post 9/11 GI Bill transfer of
education benefits (TEB) to his children.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive a retirement briefing. He was therefore
never informed of the requirement to transfer his education
benefits entitlement while still in service. In spite of the
fact that he was an Admission Liaison Officer when he retired
his personnel record was centrally managed by Air Force Reserve
Command (AFRC) and the Air Force Academy and there was no base
structure to support personnel functions.
He believes that the counselors from the Department of Veterans
Affairs (DVA) concur that there is no evidentiary requirement
for this straight-forward situation. If the Board determines
otherwise, he is able to provide whatever evidence is deemed
necessary.
The applicant did not provide any documents in support of his
request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the automated records
management system (ARMS), the applicant is a former Air Force
Reserve commissioned officer. He was progressively promoted to
the grade of Lieutenant Colonel, (O-5), with an effective date
of rank and pay grade of 12 May 2005. Effective 2 September
2010, the applicant was assigned to the Retired Reserve section
awaiting pay at age 60 (16 November 2018).
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. DPTT states the opportunity for
a Participating Individual Ready Reserve (PIRR) member to
transfer benefits while activated is an exception to policy and
at the time of the applicants retirement was still under
review. Based on the information provided, they recommend
approval of relief. The applicant had over 20 years of
satisfactory service when the Post 9/11 GI Bill program began on
1 August 2009. He was activated 8-9 September 2009, 11-
15 January 2010 and 5-6 April 2010.
The complete ARPC/DPTT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 July 2012, for review and comment within 30 days
(Exhibit D). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. In this respect, the
Air Force office of primary responsibility (OPR) has indicated
that through no fault of the applicant it appears he may not
have been afforded the opportunity to transfer his benefits to
his dependents. As such, we agree with the OPR and recommend
his records be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on
8 September 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 11 February 2013, under the provisions
of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02018 was considered:
Exhibit A. DD Form 149, dated 3 May 2012.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 2 July 2012.
Exhibit D. Letter, SAF/MRBR, dated 17 July 2012.
Panel Chair
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