AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01923
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not informed of the requirement to request his transfer of
Post 9/11 GI Bill benefits to his dependents prior to retiring.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard in the grade of
lieutenant colonel (0-5) on 7 Sep 06.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
National Guard Bureau, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1Y recommends denial. Post 9/11 GI Bill, Chapter 33, became
effective 1 Aug 09 based on Post 9/11 Veteran Education Act of
2008. The Public Law states in part, that “an individual may
transfer such entitlement only while serving as a member of the
Armed Forces when the transfer is executed.” In this case, the
Post 9/11 GI Bill had not yet been established prior to the
applicant retiring in 2006.
The NGB/A1Y complete 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 5 Nov 12 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 National Guard Bureau office of primary responsibility and
adopt their rationale as the basis for our conclusion that 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-2012-01923 in Executive Session on 8 Jan 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2012-01923
was considered:
Exhibit A. DD Form 149, dated 30 Apr 12, w/atchs.
Exhibit B. Letter, NGB/A1Y, dated 4 Oct 12.
Exhibit C. Letter, SAF/MRBR, dated 5 Nov 12.
Panel Chair
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