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AF | BCMR | CY2013 | BC 2013 03346
Original file (BC 2013 03346.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-03346
		COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________
_

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:

In August 2009, a mechanism for signing the AF Form 4406 (Post 
9/11 GI Bill Transfer of Education Benefits Statement of 
Understanding), electronically did not exist and the form was 
faxed by the Air Force Education Center in the Pentagon.  He 
received approval from the Air Force via mail to transfer his 
benefits to his dependents and did so per the instructions.  The 
transfer was reflected in MilConnect and he verified once in 
2010 that the transfer still existed.  Currently, the benefits 
for his dependents are not reflected in the Air Force or 
Department of Veterans Affairs system despite Air Force approval 
in August 2009.

In support of the applicant’s appeal, he submits instructions on 
how to apply for benefits.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is currently serving in the grade of captain.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s 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 the applicant’s 
application is not supported with evidence that he was a victim 
of an error or injustice.  Following the notes in Right Now 
Technology (RNT), it seems the applicant never made the attempt 
to follow through with signing the SOU.  Without a signed SOU, 
TFSC personnel have no idea the applicant agrees to the four 
year ADSC that is required with the transfer of the benefit.  As 
of the date of this AFBCMR, the applicant has re-applied for the 
TEB but because he failed to sign the SOU his application has 
expired.

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

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his request to transfer his benefits did 
not occur through a systems error or was dropped from the USAF 
and VA electronic systems.  The advisory opinion clarifies the 
correct procedural nuances to transfer 18 months of benefits to 
his dependents.  However, the procedures outlined are not the 
procedures he was briefed on from the USAF education center in 
the Pentagon.

The applicant’s complete response is at 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 an error or injustice.  After 
careful consideration of the applicant's request to include his 
rebuttal comments, we are not persuaded corrective action is 
warranted.  Therefore, 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.  In 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.




4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-03346 in Executive Session on 28 May 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 10 July 2013 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIT, dated 14 August 2013, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 13 January 2014.
  Exhibit D.  Letter, Applicant, dated 20 January 2014, w/atchs.





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