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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