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AF | BCMR | CY2012 | BC-2012-03630
Original file (BC-2012-03630.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03630
		COUNSEL: NO
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill education benefits be reinstated to allow 
him to transfer to his dependents.

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  He was not properly briefed during his retirement out-
processing and lost his GI Bill privileges.  

2.  His wing failed to make sure he filed the proper Defense 
Enrollment Eligibility Reporting System (DEERS) paperwork and 
did not inform him that he needed to speak with the Retention 
Office Manager (ROM) prior to his retirement date.

3.  His commander was shocked he was not briefed on the steps 
required to get his out-processing paperwork signed.  Since this 
process fell through the cracks, the entire base populace has 
been briefed on the correct procedures.

The applicant's complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 8 Jun 12, the applicant was transferred to the Retired 
Reserve Section and placed on the Reserve Retired list.

Any member of the Armed Forces, active duty or Selected Reserve, 
officer or enlisted, on or after 1 Aug 09, who is eligible for 
the Post-9/11 GI Bill, has at least 6 years of service in the 
Armed Forces on the date of election, and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election (if applicable), may transfer unused Post-9/11 benefits 
to their dependents pursuant to Service regulations (38 USC 
3319(b)(1).

________________________________________________________________




AIR FORCE EVALUATION:

NGB/A1Y recommends denial.  A1Y states that the applicant did 
not transfer his Post-9/11 GI Bill education benefits to his 
dependents prior to his retirement as defined in Public Law No 
110-252, nor follow the instructions given by his Force Support 
Squadron (FSS) for retirement out-processing.  

A1Y states that the ROM sent Post-9/11 GI Bill education 
benefits informational emails to wing personnel and held 
numerous Post-9/11 GI Bill and Transfer of Educational Benefits 
briefings.  Also members requesting separation were given the 
Montana Air National Guard (ANG) Separation Request/Base 
Clearance checklist to complete when out-processing.  To 
emphasize the importance of this benefit, the ROM is the first 
office listed on the checklist.

On 11 May 12, the ROM sent out an informational email on the 
Post-9/11 GI Bill education benefits to the entire wing.  On 
17 May 12, the applicant replied that he wanted to meet about 
transferring his benefits to his son and scheduled a meeting for 
the next week.  However, the applicant failed to meet with the 
RMO. 

On 31 May 12, the applicant was provided the Montana ANG 
Separation Request/Base Clearance checklist to complete and was 
briefed by the FSS that he needed to visit the ROM first, then 
he could follow the checklist as he pleased.  The ROM states the 
applicant did not come through the retention office to out-
process until 7 Aug 12.  At that time, he explained the TEB 
policy and requirements to the applicant and he signed the 
Montgomery GI Bill Retirement/Separation Counseling memorandum.

The complete A1Y 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 9 Nov 12, for review and comment within 30 days 
(Exhibit D).  As of this 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.  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 Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that 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 
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 BC-2012-
03630 in Executive Session on 9 May 13, under the provisions of 
AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 12.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, NGB/A1Y, dated 4 Oct 12.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 12. 




                                  
                                  Panel Chair



3



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