RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03630 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Post-9/11 GI Bill education benefits be reinstated to allow him to transfer to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was not properly briefed during his retirement out- processing and lost his GI Bill privileges. 2. His wing failed to make sure he filed the proper Defense Enrollment Eligibility Reporting System (DEERS) paperwork and did not inform him that he needed to speak with the Retention Office Manager (ROM) prior to his retirement date. 3. His commander was shocked he was not briefed on the steps required to get his out-processing paperwork signed. Since this process fell through the cracks, the entire base populace has been briefed on the correct procedures. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 8 Jun 12, the applicant was transferred to the Retired Reserve Section and placed on the Reserve Retired list. 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, has at least 6 years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (38 USC 3319(b)(1). ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1Y recommends denial. A1Y states that the applicant did not transfer his Post-9/11 GI Bill education benefits to his dependents prior to his retirement as defined in Public Law No 110-252, nor follow the instructions given by his Force Support Squadron (FSS) for retirement out-processing. A1Y states that the ROM sent Post-9/11 GI Bill education benefits informational emails to wing personnel and held numerous Post-9/11 GI Bill and Transfer of Educational Benefits briefings. Also members requesting separation were given the Montana Air National Guard (ANG) Separation Request/Base Clearance checklist to complete when out-processing. To emphasize the importance of this benefit, the ROM is the first office listed on the checklist. On 11 May 12, the ROM sent out an informational email on the Post-9/11 GI Bill education benefits to the entire wing. On 17 May 12, the applicant replied that he wanted to meet about transferring his benefits to his son and scheduled a meeting for the next week. However, the applicant failed to meet with the RMO. On 31 May 12, the applicant was provided the Montana ANG Separation Request/Base Clearance checklist to complete and was briefed by the FSS that he needed to visit the ROM first, then he could follow the checklist as he pleased. The ROM states the applicant did not come through the retention office to out- process until 7 Aug 12. At that time, he explained the TEB policy and requirements to the applicant and he signed the Montgomery GI Bill Retirement/Separation Counseling memorandum. The complete A1Y 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 9 Nov 12, 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 timely filed. 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. 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. ________________________________________________________________ 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- 03630 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Aug 12. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, NGB/A1Y, dated 4 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12.