RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03023
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill educational
benefits.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was misinformed about the benefit opportunity/eligibility
which was not properly presented.
He attempted to apply for the benefit on 1 Dec 09 and again on
or about 1 Jun 10; however, he did not received notification
that the form was not completed properly.
He had a previous Active Duty Service Commitment (ADSC) for an
overseas assignment until 1 Nov 10; otherwise, his retirement
date would have been 1 Aug 10. However, he did not receive any
communication that his application was disapproved or rejected.
In support of his appeal, the applicant provides a personal
statement and Electronic Mail (email), dated 17 Jun 13.
The applicants complete submission, with attachment is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Jul 90, the applicant entered active duty in the Regular
Air Force.
On 11 Jul 10, the applicant completed 20 years of active duty
service.
On 24 Feb 10, the applicant applied for a retirement date of
1 Nov 10. At the time of his application, his Date of
Separation (DOS) was 24 Mar 11. The applicants High Year of
Tenure (HYT) was 12 Jul 14.
On 31 Oct 10, the applicant was relieved from active duty, with
a reason for separation of voluntary retirement: sufficient
service for retirement. He retired on 1 Nov 10.
IAW Directive-Type Memorandum (DIM) 09-003: Post-9/ 11 GI Bill,
dated 22 Jun 09:
Any member of the Armed Forces on or after 1 Aug 09, 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, and
(3) Is or
becomes retirement eligible during the period from 1 Aug 09,
through 1 Aug 12, and agrees to serve the additional period, if
any, specified in paragraphs 3.a.(3)(a) through 3.a.(3)(e) of
this attachment
(c) For those individuals eligible for
retirement after 1 Aug 09, and before 1 Aug 10 1 year of
additional service is required.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval, effective 29 Dec 09. The
applicant applied on two occasions, 30 Dec 09 (denied on 2 Feb
10) and 21 Jun 10 (denied on 28 Jul 10). Because there was
nothing in place during these applications for a member to
provide (validate) the email address at which they could be
reached, it is probable the member did not receive notification
and therefore could not complete all requirements to be approved
for TEB.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 Sep 13 for review and response. As of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
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. Although the
Air Force Office of Primary Responsibility (OPR) recommends
approval stating that it is probable the member did not receive
notification and therefore could not complete all requirements
to be approved for TEB, we disagree. In this respect, we note
that the applicant states that he applied for the TEB in Dec
09 and then again in Jun 10, and both were disapproved.
However, given that his first application was denied causing him
to submit a second application, we are not persuaded that he did
not receive notification that the form was not completed
properly. As such, it is our opinion that he did not exercise
due diligence in ensuring that the second TEB application was
properly submitted and completed prior to his retirement.
Additionally, we note that DoD policy, in effect at the time of
the intended transfer required members who were retirement
eligible after 1 Aug 09 and before 1 Aug 10 to incur a one year
ADSC in order to transfer the Post 9/11 GI Bill educational
benefits to their dependents. Therefore, even if we agreed with
the OPR to correct his record to show that he elected TEB on
9 Dec 09, considering the applicant retired on 1 Nov 2010; he
does not meet the one year ADSC requirement to qualify for the
TEB. In view of the foregoing, we conclude that the applicant
has failed to sustain his burden of proof that he has been the
victim of an error or injustice. In the absence of evidence
that he was denied rights to which he was entitled, we find no
basis to recommend granting the requested relief.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or 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-2013-03023 in Executive Session on 1 Jul 14 and
11 Sep 14, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jun 13, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 27 Jun 13.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 13.
Panel Chair
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