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 applicants 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. Applicants 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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