RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01154
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be granted an exception to policy in order to transfer his
Post-9/11 GI Bill education benefits to his two children.
________________________________________________________________
APPLICANT CONTENDS THAT:
He previously attempted a transfer of educational benefits (TEB)
through the virtual Military Personnel Flight (vMPF), but he
received an ineligibility notification because he would not have
met the three-year retainability before his projected retirement
date of 1 July 2013. He had intended to elect TEB beforehand,
but circumstances beyond his control, prevented him from doing
so. After faithfully serving for over 20 years, he would
appreciate the Air Forces consideration in allowing him to
exercise this benefit.
In support of his appeal, the applicant provides his Certificate
of Eligibility from Veteran Affairs (VA), a letter of support
from his chain of command, TEB ineligibility notification from
the vMPF, his hardship curtailment request package, and
correspondence with the Air Force Personnel Center (AFPC)
regarding his TEB.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
retired effective 1 July 2013 in the grade of senior master
sergeant (E-8).
On 2 September 2009, the applicant received notification from
the Department of Veteran Affairs (DVA) that he was entitled to
benefits for an approved program of education or training under
the Post 9/11 GI Bill.
The applicant was subsequently approved for curtailment of his
Date Eligible for Return from Overseas (DEROS) for a hardship
retirement.
Prior to his retirement, the applicant submitted a request for
TEB; however, he was found to be ineligible because he had an
approved retirement on file and would not meet the retainability
requirements.
For those individuals eligible for retirement on or after
1 August 2011, and before 1 August 2012, three years of
additional service is required for approval of Post 9/11 GI Bill
TEB.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant does
not provide evidence that he was a victim of an error or
injustice. There seems to be several holes in the members
history of events pertaining to his attempt to transfer his Post
9/11 education benefits. On 2 September 2009, he submitted an
application through the VA website; however, the VA does not
have a website to transfer benefits, but directs you to
www.dmdc.osd.mil/TEB. Had the applicant gone to the website
when he filed for application with the VA in 2009, he would have
had the retainability for the active duty service commitment
(ADSC) for TEB and would have been approved. In December 2012,
the applicant submitted his application for TEB, but he was
ineligible because he had an approved retirement on file.
DPSIT indicates their office finds no injustice to the extent
that the applicant did not receive adequate counseling as
required by law and Department of Defense regulation.
The complete DPSIT evaluation, with attachments, is at Exhibit
C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 March 2013, for review and comment within 30
days (Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find insufficient evidence of an error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinion appear to be based on the
evidence of record and have not been adequately rebutted by the
applicant. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2013-01154 in Executive Session on 16 December 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-01154:
Exhibit A. DD Form 149, dated 4 Mar 13, w/atchs.
Exhibit C. Letter, AFPC/DPSIT, dated 13 Mar 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 Mar 13.
Panel Chair
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