RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03723

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be 
approved.


APPLICANT CONTENDS THAT:

He served 23 years and meets all of the requirements for TEB.  On 
25 Jul 11, he applied to transfer his benefits and thought the 
application was submitted.  During the Transition Assistance 
Program (TAP) he attended, he completed all required paperwork and 
was told it was taken care of.  After his separation, he was 
unable to check email and the Air Force did not have his personal 
email address.  While his daughter wanted to start college, she 
now has to wait.  

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


STATEMENT OF FACTS:

On 15 Jun 11, the applicant signed DD Form 2648, Preseparation 
Counseling Checklist for Active Component Service Members, 
accepting counseling.  Block #13a, Education benefits (Montgomery 
GI Bill, Veteran’s Educational Assistance Program, Vietnam-era, 
etc.) was checked “Yes.”   

On 31 Jul 11, per Special Order No. AC – 007986, the applicant was 
relieved from active duty and retired, effective 1 Aug 11.  He was 
credited with 20 years, 1 month and 10 days of active service.     


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of an 
error or an injustice.  The member applied for TEB on 25 Jul 11, 
but already had an approved retirement effect 31 Jul 11; 
therefore, the member was not eligible for the program.  The 
law/instructions cite the date of request as the date on which the 
appropriate service obligation would be established (In Accordance 
With (IAW) AFI 36-2306, The Air Force Education Services Program, 
Attachment 9, A9.18.1.2, A9.18.1.3 and A9.18.1.4).  Without the 
required retainability, the member’s TEB application cannot be 
approved.  Members who cannot serve the period of time without 
agreeing to the required Active Duty Service Commitment 
(ADSC)/program requirements will have their application rejected.   

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 17 Nov 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 
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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03723 was considered:

	Exhibit A.  DD Form 149, dated 24 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 3 Nov 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.