RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01253 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He applied to transfer from the MGIB to the Post 9/11 GI Bill in February 2010 but was advised by the Nellis education office to wait one year to apply for TEB. When he applied to transfer in March 2011, he no longer had required retainability and his request was disapproved. The applicant provides no documentation in support of his appeal. The applicant's complete submission at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of master sergeant. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: USAF/A1PA recommends denial. A1PA states the applicant contends he transferred from the MGIB to the Post 9/11 GI Bill on 15 February 2010. The DMDC TEB database reflects no activity in his record until 23 March 2011. The applicant does not provide any documentation to support his contention he was incorrectly counseled and a check of the Nellis education office official records only document one contact, when the applicant performed his final clearance for retirement on 3 February 2011. Airman and Family Readiness Center (A&FRC) records show the applicant received his Transition Assistance Program briefing on 2 August 2010 at the Nellis AFB A&FRC. A&FRCs use a standardized briefing that informs members there are additional service commitments associated with transferring Post 9/11 GI Bill benefits and they should seek additional counseling if interested in transferring benefits. There is no information in the briefing about delaying transfers. Approximately three weeks later, on 25 August 2010, the applicant applied for retirement. As part of the retirement application process, he electronically acknowledged the counseling statement concerning Post 9/11 GI Bill transfer procedures and associated service obligations. Nonetheless, the applicant submitted his application and received an approved voluntary retirement date, which made him ineligible to transfer benefits seven months later when he tried to do so in the TEB. The A1PA complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 June 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. As of this date, no response has been received by this office (Exhibit D.) _________________________________________________________________ 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. The applicant’s contentions are duly noted; 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2011-01253 in Executive Session on 30 April 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01253 was considered: Exhibit A. DD Form 149, dated 27 March 2011. Exhibit B. Letter, USAF/A1PA, dated 25 May 2011. Exhibit C. Letter, SAF/MRBR, dated 24 June 2011.