RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02236
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed of the proper way to transfer Post 9/11 GI
Bill benefits while he was in the Air National Guard (ANG).
He was advised that if his children were enrolled in the Defense
Enrollment Eligibility Reporting System (DEERS) and he had a
letter from the Department of Veteran Affairs, he could transfer
benefits to his dependents.
The information available at the time of his retirement led him
to believe his dependents were already approved. He was shocked
and disappointed to learn the transfer was not complete.
In support of his request the applicant provides copies of his
NGB Form 22, Report of Separation and Record of Service; NGB
Form 438, Honorable Discharge from the Armed Forces of the
United States of America - ANG, and other items in support of
his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Dec 2010, the applicant retired from the ANG in the grade
of lieutenant colonel (Lt Col, O-5).
Post-9/11 GI Bill: Any member of the Armed Forces (active duty
or Selected Reserve, officer or enlisted) on or after 1 Aug
2009, who is eligible for the Post 9/11 GI Bill, and:
Has at least six years of service in the Armed Forces on
the date of election and agrees to serve four additional
years in the Armed Forces from the date of election.
Has at least 10 years of service in the Armed Forces
(active duty and/or selected reserve) on the date of
election, is precluded by either standard policy (service
or DoD) or statute from committing to four additional
years, and agrees to serve for the maximum amount of time
allowed by such policy or statute, or
Is or becomes retirement eligible during the period from
1 Aug 2009, through 1 Aug 2013. A service member is
considered to be retirement eligible if he or she has
completed 20 years of active duty or 20 qualifying years of
reserve service.
For those individuals eligible for retirement on 1 Aug
2009, no additional service is required.
For those individuals who have an approved retirement
date after 1 Aug 2009, and before 1 Jul 2010, no
additional service is required.
For those individuals eligible for retirement after
1 Aug 2009, and before 1 Aug 2010, one year of
additional service after approval of transfer is
required.
For those individuals eligible for retirement on or
after 1 Aug 2010, and before 1 Aug 2011, two years of
additional service after approval of transfer are
required.
For those individuals eligible for retirement on or
after 1 Aug 2011, and before 1 Aug 2012, three years
of additional service after approval of transfer
required.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/RSR recommends approval. RSR states they contacted the
Retention Office Manager (ROM) at the applicants former Wing to
obtain additional information. The ROM stated he did not out-
process prior to his retirement date and did not receive a Post-
9/11 GI Bill briefing from their office. Therefore, he never
received the Post 9/11 GI Bill separation counseling regarding
the requirement to submit the Transfer of Education Benefits
(TEB) request before his retirement.
The complete RSR evaluation is at Exhibit B.
NGB/A1PS concurs with RSR and recommends approval of the
applicants request to change his eligibility to transfer his
Post 9/11 GI Bill benefits to his dependents.
The complete A1PS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 Sep 2012, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. To date, a response has not been received (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. The applicant
is requesting he be allowed to transfer his benefits to his
dependents stating he was never informed on the proper way to
transfer the benefits. We note the Air Force offices of primary
responsibility (OPR) state the applicant did not out-process
through his unit or the retention office and therefore did not
receive the Post 9/11 GI bill separation counseling. As such,
in our view, the applicant failed to take advantage of the
available channels to obtain information regarding how to
transfer his education benefits. Should the applicant provide
information that supports he failed to receive proper counseling
on the Post 9/11 benefits through no fault of his own, we would
be willing to reconsider his request. In the absence of
persuasive evidence that he was denied rights to which he was
entitled, 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
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-2012-02236 in Executive Session on 8 Jan 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-02236:
Exhibit A. DD Form 149, dated 23 May 2012, w/atchs.
Exhibit B. Letter, NGB/RSR, dated 13 Jul 2012.
Exhibit C. Letter, NGB/A1PS, dated 16 Jul 2012.
Exhibit D. Letter, SAF/MRBR, dated 10 Sep 2012.
Panel Chair
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