RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01083
					COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill benefits to his 
spouse.


APPLICANT CONTENDS THAT:

In 2010, he applied for the Transfer of Education Benefits (TEB) 
at the Hill AFB Education office, and submitted his request via 
computer with the assistance of a representative from the 
education office.  

He converted his Montgomery GI Bill to the Post 9/11 GI Bill and 
the TEB to his spouse.  At that time, he had recently reenlisted 
with a Date of Separation (DOS) of 17 Apr 15.

In 2014, he entered the MilConnect website with the intentions of 
increasing the initial 18 months that he allotted to his spouse to 
the full 36 months; however, he noticed that not a single family 
member was designated for the TEB.

He believes the Board should find it in the interest of justice to 
consider the application because shortly after the injustice 
occurred, he was selected for the DOS Rollback and it has taken a 
while for him and his wife to become financially stable enough to 
consider going back to school.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Mar 
99.

On 30 Sep 10, the applicant was released from active duty and was 
credited with 11 years, 6 months, and 14 days of active service.   



AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating that based current law and 
regulations, because the applicant never applied through the 
Defense Manpower Data Center (DMDC), there is no official request; 
therefore, he cannot be approved for TEB.  

DPSIT notes, there is no record the applicant applied for TEB 
through the DMDC; therefore, no eligibility for the program could 
be established, as the law/regulations cite the date of request as 
the date on which the appropriate service obligation would be 
established (REF: AFI 36-2306, Voluntary Education Program, 
Attachment 9, A9.18.l.2, A9.18.l.3 and A9.18.l.4).  Without a 
request, no eligibility can be determined and no TEB application 
can be approved.  Aside, had he applied, he would have been 
ineligible due to the DOS Rollback which states: “members who 
transferred benefits to dependents and complete their Post-9/11 GI 
Bill ADSC prior to separation will retain their transfer/not face 
recoupment.  However, members who do not complete their Post-9/11 
GI Bill ADSC prior to separation may be impacted.”

The complete 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 27 Jun 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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 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-2014-01083 in Executive Session on 20 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket Number 
BC-2014-01083 was considered:

	Exhibit A.  DD Form 149, dated 6 Mar 14.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 26 May 14, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 27 Jun 14.