RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04357

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His date of assignment to the Retired Reserve be changed/waived from 15 Jul 09 to 1 Aug 09 in order to be eligible for the Post-9/11 GI Bill.

APPLICANT CONTENDS THAT:

As an Individual Mobilization Augmentee officer, he was never briefed or received any information about the Post-9/11 GI Bill.  He was effectively “out of the loop” as a Civil Air Patrol Liaison Officer.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 17 Jun 89, the applicant initially entered the Air Force Reserve.

On 15 Jul 09, the applicant was assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List via Reserve Order EK-2777.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.

DoDI 1341.13, Post-9/11 GI Bill, Enclosure 3,3a., defines an eligible individual as, “Any Service member on or after August 1, 2009, who is entitled to the Post-9/11 at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she meets one of these conditions...”  Service member is defined in DoDI 1341.13 as, “An individual serving on active duty or in the Selected Reserve.  Does not include other members of the Ready Reserve (such as the Individual Ready Reserve, Standby Reserve, or retired Service members, unless they are serving on active duty).

The applicant was retired from a Participating Individual Ready Reserve (PIRR) status known as Civil Air Patrol Liaison.  This is not Selected Reserve nor is it Individual Mobilization Augmentee (IMA).  In order to have been eligible for transfer of education benefits, the member would have had to be on active duty orders or in a Selected Reserve status on 1 Aug 09 and have no service commitment to fulfill in return for the transfer opportunity.

The applicant is not eligible to transfer the Post-9/11 benefit even if his retirement date was adjusted to 1 Aug 09 due to his PIRR status rather than Selected Reserve.

A complete copy of the ARPC/DPTT 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 22 Aug 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-04357 in Executive Session on 15 Feb 17 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04357 was considered:

	Exhibit A.  DD Form 149, dated 7 Oct 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 22 Apr 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 22 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.