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AF | BCMR | CY2013 | BC-2012-02411
Original file (BC-2012-02411.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-02411 
COUNSEL: NO 
HEARING DESIRED: YES 

IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1. His transfer date into the Retired-Reserves be adjusted to a 
date that would allow him the opportunity to transfer his Post-
9/11 GI Bill Educational benefits to his dependents. 
 
2. Or in the alternative, he remain in the active reserves.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
1. The  services  failed  to  inform  its  members  who  were 
approaching  retirement  of  the  requirement  to  be  on  active  duty 
on  the  1  Aug  09  effective  date  of  the  Post-9/11  GI  Bill  to  be 
eligible to transfer benefits. 
 
2. He would have extended his enlistment beyond 1 Aug 09 versus 
6 Sep 08, had he known of the requirement prior to applying for 
and entering the Retired-Reserves.  
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 11 Jun 08, the applicant was relieved from his assignment at 
ARPC/NARS-A,  Denver,  Colorado  and  assigned  to  the  Retired 
Reserve  Section,  placing  him  on  the  Retired  Reserve  List 
effective 6 Sep 08. 
 
Public  Law  No.  110-252  signed  by  the  President  on  30  Jun  08, 
section  3319  (f)(1)  as  it  relates  to  the  Post-9/11  GI  Bill  
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.”   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
ARPC/DPTT recommends denial.  DPTT states that the applicant is 
not  eligible  to  transfer  his  Post-9/11  GI  Bill  educational 

benefits to his dependents as defined in Public Law No. 110-252.  
However, he retains the right to use the benefits himself. 
 
The complete DPTT 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  7  Aug  12,  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  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 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.  The program was 
not effective at the time of his transfer to the retired reserve 
section and the fact that it was not, has not rendered him the 
victim  of  an  error  or  an  injustice.    While  the  applicant 
requests  his  transfer  date  be  changed  or  in  the  alternative  he 
be  allowed  to  remain  in  the  active  reserve  in  order  to  be 
eligible to transfer his Post-9/11 GI Bill educational benefits 
to his dependents, he has not provided any evidence of an error 
or an injustice to warrant such relief.  Therefore, 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 issues involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
________________________________________________________________ 
 
 
 

2 

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-
02411 in Executive Session on 11 Feb 13, under the provisions of 
AFI 36-2603: 
 

 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 30 May 12, w/atchs. 
    Exhibit B.  Letter, AFPC/DPTT, dated 17 Jul 12. 
    Exhibit C.  Letter, SAF/MRBR, dated 7 Aug 12.  
 
 
 
 
                                   
                                  Panel Chair 

 
 
 

Panel Chair 
Member 
Member 

3 



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