RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00155

			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:

The Department of Veterans Affairs (DVA) advised him that his educational benefits had been transferred to his dependents. However, after completing the form requesting his daughter receive the benefits for college, it was denied.  When he contacted the Department of Defense (DoD) Education office, he was told a mistake had been made; he had not remained on active duty long enough to qualify to transfer his benefits to his dependents.  He is confused on how a mistake like this can be overlooked for three years.  His dependents will suffer because of this miscommunication.

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



STATEMENT OF FACTS:

On 18 May 10, the applicant signed the Post 9/11 G.I. Bill Transfer of Educational Benefits (TEB) Statement of Understanding (SOU), acknowledging that he understood it was his responsibility to ensure he obtained the required retainability to fulfill the service obligation required in order to be eligible for TEB.  As the applicant was eligible for retirement during the period 1 Aug 09 through 31 Jul 10, the applicant could have elected to transfer his benefits as early as 5 Oct 09, when he would have attained 20 years of active service, and incurred a one-year service commitment.  However, as the applicant waited to elect to transfer his benefits until 18 May 10, the applicable active duty service commitment was May 11.
On 1 Nov 10, the applicant voluntarily retired and was credited with 21 years and 26 days of active service.   

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:

AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice.  The member submitted an application for the Post-9/11 GI Bill through the DMDC website on 18 May 10 and acknowledged the Transfer of Education Benefits questions one of which states "I understand and agree to remain in the Armed Forces for the period required.  I understand that failure to complete that service may lead to an overpayment by the DVA for any payments made."  The member signed the SOU on 18 May 10 acknowledging and agreeing to the statements on the SOU including one which states, "I understand it is my responsibility to ensure I obtain the required retainability to fulfill the service obligation required.  Failure to serve the required service obligation will result in overpayment which will be recouped by the Department of Veterans Affairs.”  The applicant failed to obtain the required retainability to fulfill the active duty service commitment (ADSC) of 2 May 11, reflected on member’s Submit Transfer Request form and on member’s approval form letter.  

A complete copy of the AFPC/DPSIT 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 28 Jul 14 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-2014-00155 in Executive Session on 3 Nov 14 under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Dec 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 23 Jan 14,
                 w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.