RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04071
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Montgomery GI Bill (MGIB) be converted to Post-9/11 GI Bill
transfer of educational benefits (TEB) effective 31 August 2009
and this benefit be transferred to his dependent daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was retirement eligible as of 7 January 2012. He will
have honorably served 21 years, 7 months and 24 days at the time
of his retirement. He has served 4 years since the start of the
Post-9/11 GI Bill. As a prior enlisted member, he knew he had
the MGIB. At his transition assistance program (TAP) briefing,
he learned that he could convert his MGIB to Post-9/11 GI Bill
and that he could transfer the education benefits to his
daughter. The benefits he has earned, with four years of
service since the start of Post-9/11, will go unused if this is
left uncorrected. His daughter will be able to attend college
with approval of this request. He is retiring with a date of
separation (DOS) of 31 August 2013. He attempted to transfer his
Post-9/11 GI Bill benefits prior to l August 2013, but found out
that this was not possible due to his lack of retainability. He
is submitting this request while he is still on active duty as
is required.
2. He spoke with individuals at the Wright Patterson Air Force
Base (WPAFB) education office and they informed him that they
briefed at various commander's calls and other venues to spread
the word about the Post-9/11 GI Bill before and after August
2009. He graduated from the Air Force Institute of Technology
in March 2009 and started a new assignment in April 2009. At
that time, he had heard of the Post-9/11 GI Bill, but he
definitely did not realize some of the key requirements.
Someone in the WPAFB education office mentioned that the only
mandate in AFI 36-2306, Voluntary Education Program, attachment
9, is ensure Airman are counseled at pre-separation or release
from active duty and documented on a DD Form 2648. He attended
this pre-separation counseling on 11 March 2013, and discovered
his oversight.
In support of his request, the applicant submits a personal
statement, letter of support from his commander and a copy of
his retirement special order.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents submitted by the applicant, he is a
former commissioned officer of the Regular Air Force who was
released from active duty on 31 August 2013, and retired on
1 September 2013, and was credited with 21 years, 7 months and
24 days of active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant did
not provide adequate justification or documentation. Numerous
briefings and public affairs articles were published at the
standup of the TEB program starting on 1 August 2009, through
present date. Eligibility for TEB has always been determined by
the date of request/application. An active duty service
commitment (ADSC) for TEB cannot be applied until the member
submits an application through MilConnect. The applicants
statement that he served the time minus the ADSC is not
sufficient for TEB approval. Because the applicant waited until
he had an approved retirement to apply, he could not meet the
retainability requirements outlined in attachment 9 of AFI 36-
2306.
The complete AFPC/DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 January 2014, for review and comment within 30
days (Exhibit C). To date, a response has not been received.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application is timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the applicant's
submission, we are not persuaded that relief is warranted. The
applicant has not provided evidence that he was denied the
opportunity to transfer benefits to his dependent or that he was
miscounseled. 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 the
applicant has not been the victim of an error or injustice. In
view of the above and in the absence of persuasive 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 this application
in Executive Session on 28 May 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04071 was considered:
Exhibit A. DD Form 149, dated 26 August 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 12 September 2013.
Exhibit C. Letter, SAF/MRBR, dated 24 January 2014.
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