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 applicants 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 applicants 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 applicants
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 applicants 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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