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AF | BCMR | CY2013 | BC 2013 02518
Original file (BC 2013 02518.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2013-02518
	 					COUNSEL:  NONE
   	 					HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he transferred his Post-
9/11 GI Bill educational benefits while on active duty.  

________________________________________________________________

APPLICANT CONTENDS THAT:

While on active duty he followed the instructions to request 
Transfer of Education Benefits (TEB); however, there is no 
record of the transaction.  

He was issued a new Common Access Card (CAC) after he retired 
and entered civil service and no longer has access to any      
e-mails or documents proving he elected TEB.  He made his TEB 
election on the Veterans On-Line Application (VONAPP) and 
verified the transaction was in the system prior to leaving 
active duty.

He made sure he followed the instructions and performed his due 
diligence on the TEB application as he has five dependents and 
has a vested interest.  

He checked and verified the transaction and trusted VONAPP would 
retain a record of his transaction for future reference.  He 
cannot explain why the information is no longer available in his 
records.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 13 May 1988 and was 
progressively promoted to the grade of Senior Master Sergeant 
(SMSgt).  He was retired 31 Jul 2011 after serving 23 years,    
2 months and 18 days on active duty.  

Post-9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post-9/11 GI Bill, and: 

*	Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in the 
Armed Forces from the date of election. 

*	Has at least 10 years of service in the Armed Forces (active 
duty and/or selected reserve) on the date of election, is 
precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy or 
statute, or 

*	Is or becomes retirement eligible during the period from 1 Aug 
2009 through 1 Aug 2013.  A service member is considered to be 
retirement eligible if he or she has completed 20 years of 
active duty or 20 qualifying years of reserve service. 

*	For those individuals eligible for retirement on 1 Aug 2009, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 2009, and before 1 Jul 2010, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
2009, and before 1 Aug 2010, 1 year of additional service 
after approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2010, and before 1 Aug 2011, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2011, and before 1 Aug 2012, 3 years of additional 
service after approval of transfer required. 

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant states all 
requirements for TEB were completed; however, he went through 
VONAPP.  The guidance from the Department of Veterans Affairs 
(DVA) website clearly states any submission for TEB is a non-DVA 
link; and the applicant had access to this information as the 
DVA’s website is also where VONAPP is accessed.  Additionally, 
the applicant never initiated a TEB application according to the 
Defense Data Management Center (DMDC) and the Right Now 
Technology (RNT); nor did he contact the Total Force Service 
Center (TFSC) to inquire about his application status.  Finally, 
the applicant declined counseling for education benefits as 
identified on his DD Form 2648, Preseparation Counseling 
Checklist for Active Component Service Members.  


The complete DPSIT evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 24 Jul 2013, a copy of the Air Force evaluation was provided 
to the applicant for review and comment within 30 days.  As of 
this date, this office has not received a response (Exhibit C).  

________________________________________________________________

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 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 the 
rationale expressed as the basis for our conclusion that the 
applicant has failed to sustain his burden of proof that he has 
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 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-2013-02518 in Executive Session on 28 May 2014 under 
the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member



The following documentary evidence in AFBCMR Docket Number BC-
2013-02518 was considered:

     Exhibit A.  DD Form 149, dated 17 May 2013.
     Exhibit B.  Letter, AFPC/DPSIT, dated 26 Jun 2013, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 24 Jul 2013. 
	



	                     
                                   Panel Chair
      
 

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