RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01354
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill education
benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly denied the opportunity to transfer his Post-
9/11 GI Bill education benefits due to the ambiguity of the
application directions, an inaccurate evaluation of his
participation record, the slow processing of his claim and the
involuntary nature of his mandatory retirement.
In support of his request, the applicant provides a personal
statement, copies of VA Form 22-1999 (VONAPP), Department of
Veterans Affairs (DVA) Application for VA Education Benefits;
memorandums, DVA Certificate of Eligibility and various other
documentation in support of his appeal.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Mar 08, the applicant was transferred from the Air Reserve
Personnel Center (ARPC) Non-Obligated Non-Participating Ready
Personnel Section (NNRPS) to the ARPC Inactive Status List
Reserve Section (ISLRS).
On 21 Jan 11, the applicant was relieved from ISLRS. On 1 Jun
11, he was assigned to the Retired Reserve Section and placed on
the Retired Reserve List.
The Post-9/11 BI Bill program became effective 1 Aug 09, based
on the Post-9/11 Veteran Education Assistance Act of 2008, as a
result of Public Law No 110-252 signed by the President on
30 Jun 08.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. A1Y states that the applicant did
not apply for the transfer of benefits via the Transfer of
Education Benefits (TEB) system and there is no application on
file. A1K states that service members can only apply for the
transfer while serving in the Selected Reserve or active duty.
The applicant was in the Individual Ready Reserve (IRR)
effective 16 Nov 06, and remained there until he went to
inactive status on 10 Mar 08, and later retired on 2 Jun 11.
Therefore, he was not participating for both pay and points at
any time after the effective date of the program, 1 Aug 09.
Every effort was made by the Department of Defense (DoD), the
VA, and the services to make sure that every service member
understood the process for transferring benefits. The VA itself
did not have its final rules and regulations (published until 31
Mar 09 (DVA 38 CFR part 21, Post-9/11 GI Bill). While the rules
and regulations were being formulated, DoD and the services were
busy trying to build an infrastructure that could transmit the
transfer of benefit data between DoD and the VA. As of the
effective date of the program got closer, the rules of
engagement became clearer.
The complete A1K evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 Apr 13, for review and comment within 30 days
(Exhibit D). 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 applicants 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. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicants 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 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-2013-
01354 in Executive Session on 16 Dec 23, under the provisions of
AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Mar 13, w/atchs.
Exhibit B. Applicants Available Personnel Record.
Exhibit C. Letter, AFRC/A1K, dated 16 Apr 13.
Exhibit D. Letter, SAF/MRBR, dated 19 Apr 13.
Panel Chair
2
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