RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02181
COUNSEL: NO
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His military record be corrected to allow him to transfer his
Post-9/11 GI Bill education benefits to his dependent.
________________________________________________________________
APPLICANT CONTENDS THAT:
His transfer of Post-9/11 GI Bill benefits has been rejected as
a result of continued and blatant prejudice against him during
the period of Jan 11 to Apr 12, which resulted in his non-
selection to serve in a SELRES or Military Personnel
Appropriation (MPA) tour of duty. The prejudice against him was
due to his impending Mandatory Separation Date (MSD) of 1 Jun
12, that caused hiring managers and other key decision makers to
not select him for any positions that he applied to and/or
volunteered for.
He is officially retired with no access to his Post-9/11 GI Bill
benefits and no ability to transfer these benefits to his
dependent son, which he earned through 30 years of service to
his country.
From Jan 11 to Apr 12, he went above and beyond, searched high
and low and aggressively pursued any and all avenues and methods
to secure a SELRES position or an MPA tour of duty to once again
serve his country.
In support of his request, the applicant provides a personal
statement, copies of his retirement orders, Point History, AF
IMTs 707A, Field Grade Officer Performance Report (Maj thru Col)
and various other documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Jun 12, the applicant was assigned to the retired reserve
section and placed on the Air Force Reserve Retired List.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. 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 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 can transfer their unused Post-
9/11 benefits to their dependents (38 United States Code (USC),
Chapter 33, Section 3319 (b) (1)). 38 USC, Chapter 33, Section
3319 (f) (1) adds that the transfer of such entitlement can only
be done while serving as a member of the Armed Forces when the
transfer is executed. Governing directives authorize the
transfer only while participating either in the Active Duty or
SELRES component. Service members who are in the Individual
Ready Reserve (IRR) are not eligible for transfer of benefits.
On 31 Oct 08, the applicant voluntarily transferred from the
SELRES to IRR status and retired on 1 Jun 12. He transferred
from the SELRES before the Post-9/11 Transfer of Benefits (TEB)
was in effect.
There is no provision to grandfather benefits to members who
transferred before 1 Aug 09, the inception of the program. In
addition, the applicant contends there was continued and blatant
prejudice in denying a return reassignment to the SELRES prior
to retirement. However, his request does not contain evidence
to support his allegation.
The complete A1K evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jul 13, for review and comment within 30 days
(Exhibit C). 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 an 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.
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 DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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-2013-
02181 in Executive Session on 7 Mar 14, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Apr 13, w/atchs.
Exhibit B. Letter, ARPC/A1K, dated 1 Jul 13.
Exhibit C. Letter, SAF/MRBR, dated 24 Jul 13.
.
Panel Chair
3
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