RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05563
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:
When the transfer available date was first presented in 2008 he
was at the Non-Commissioned Officer (NCO) Academy and thought he
filled out all required paperwork to transfer his benefits to
his dependents - but he never received verification. He tried
again in 2010 and was not approved.
In support of the applicants appeal, he submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and VA Form 21-674, Request for Approval of School
Attendance.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 31 January 2012, the applicant was relieved from active duty
and retired on 1 February 2012 under the provisions of AFI 36-
3203 (Vol Retirement Sufficient Service for Retirement). He
served 20 years and 27 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 B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states it seems the
applicant never made the attempt to follow through with
obtaining the retainability for the TEB. He was sent an email
on 24 March 2010 stating that he would incur an Active Duty
Service Commitment (ADSC). Failure to submit the required
documentation or obtain retainability in a timely manner would
result in a disapproval of an application for transferability.
The applicant stated he filled out the paperwork in 2008, this
was impossible as the program was not available until 1 August
2009. On 7 April 2010, the applicant was sent another email
stating that his TEB had expired because he did not get the
required retainability. The applicant was informed that his
application was rejected due to failure to obtain required
retainability. 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, with attachments, is at Exhibit
B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 December 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). 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 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 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-2012-05563 in Executive Session on 24 September 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05563 was considered:
Exhibit A. DD Form 149, dated 26 December 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 11 December 2012.
Exhibit C. Letter, SAF/MRBR, dated 21 December 2012.
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DPSIT states that there is no documentation or evidence to support that the applicant initiated action to obtain the 4 year retainability required for the TEB active duty service commitment (ADSC). As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00146 in Executive Session on 4 Nov 2013, under the provisions of AFI 36-2603: ,...
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We also note the comments of the Air Force office of primary responsibility indicating the applicant signed up to transfer his Post-9/11 GI Bill educational benefits to his dependents by going to the DVA website and also extended to obtain the necessary retainability but never received the official Statement of Understanding (SOU) from the Total Force Service Center. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of...
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