RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05173
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
While on active duty he was misinformed about the TEB regarding
his dependents. He was instructed that his dependents were not
eligible for the benefits unless he served more than six years
on active duty or currently serving in an active status. He has
also been informed that under current legislation he is now
eligible.
The applicant provides no documentation in support of his
appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 1 September 2009, the applicant was honorably released from
active duty and transferred to the Air Force Reserve. He served
a total of 5 years, 8 months, and 23 days on active duty.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, is eligible for the Post-9/11 GI Bill, has at least
6 years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit C.
AIR FORCE EVALUATION:
DPSIT recommends denial. DPSIT states AFI 36-2306, Attachment
9, A9.18.1.2 states Has at least 6 years of service in the
Armed Forces (active duty and/or Selected Reserve) on the date
of election and agrees to serve 4 additional years in the Air
Force from the date of request. The applicants DD Form 214
reflects 5 years, 8 months and 23 days of total service.
Because the applicant did not meet the minimum service
obligation to utilize TEB, they can only recommend denial. They
find there has been no injustice to the extent that the
applicant did not receive adequate counseling as required by law
and DoD regulation.
The DPSIT complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 December 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response 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. The
applicants 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 is ineligible for TEB since he
did not meet the minimum service obligation. Therefore, 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 an 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-2012-05173 in Executive Session on 12 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 November 2012.
Exhibit B Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 14 November 2012.
Exhibit D. Letter, SAF/MRBR, dated 10 December 2012.
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