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 applicants 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
DVAs 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 applicants 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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