RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01764

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Educational Benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

Due to serious family illness, he reassigned from the Texas Air National Guard to the Air Force Reserve (AFR) as an Individual Mobilization Augmentee Category E service member.  This reassignment removed him from Selective Reserve status.  Prior to his reassignment to the AFR, he had a 31 Jul 13 deadline to transfer his unused educational benefits; however, unbeknownst to him, and contrary to guidance provided, the reassignment date of 1 May 13 automatically triggered his ineligibility to transfer benefits.  He attempted, unsuccessfully, to transfer benefits after his reassignment, but due to his family illness, he did not have the opportunity to pursue corrective action.

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

STATEMENT OF FACTS:

On 1 Mar 86, the applicant initially entered the Texas Air National Guard.

On 1 May 13, the applicant transferred to the Air Force Reserve and is currently serving in the Air Force Reserve.

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 error or injustice.

When the Post-9/11 GI Bill program was implemented on 1 Aug 09, service members who had 20 years of satisfactory service did not incur an additional service commitment if they requested transfer of benefits prior to 1 Aug 13.  At that time, the applicant was participating on active duty orders until 16 Jul 11.  He continued his service as a traditional guardsman until 21 Dec 12.  He transferred to the Participating Individual Ready Reserve on 1 May 13 and began actively participating again on 9 May 14.

There is no evidence the applicant requested transfer between the time the program began and the time his family’s health issues began.  MilConnect does not have a record of any attempt made by the applicant at any time.  The applicant was active duty for the first two years the program was fully available and no service commitment would have been required.

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 6 Mar 17 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 and adopt its rationale as the basis for our conclusion 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 requested relief.

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.

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-2016-01764 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01764 was considered:

	Exhibit A.  DD Form 149, dated 29 Apr 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 14 Jul 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01764, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.