RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05310
COUNSEL: NONE
XXXXXXX 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 not afforded the opportunity or informed of the
requirement to transfer his Post-9/11 GI Bill to his dependents
prior to separating from active duty. Moreover, he was not
offered any of the Transition Assistance Program, Yellow Ribbon
or Pre-Separation briefings.
In support of his request the applicant provides copies of his
DD Forms 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 2011, the applicant separated from the Air National
Guard with 14 years of satisfactory service towards retirement.
Post-9/11 GI Bill Transferability: 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.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air National Guard. Accordingly, there is no need to recite
these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/AlY recommends denial. A1Y states that the applicant did
not transfer his benefits to his dependents prior to his
separation date as defined in Public Law 110-252 and DTM 09-003.
At the time of his separation, he only had 14 years satisfactory
service towards retirement. Therefore, a four year service
obligation would have been incurred, to approve a TEB request.
Had he transferred his benefits when the Post-9/11 GI Bill
program first became effective on 1 Aug 2009, he would have had
to extend his enlistment two years and four months, to meet the
required service obligation ending 1 Aug 2013.
The complete A1Y evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Dec 2012, a copy of the Air Force evaluation was 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. 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 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 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-2012-05310 in Executive Session on 12 Aug 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Nov 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, NGB/A1Y, dated 14 Dec 2012, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Dec 2012.
Panel Chair
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