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AF | BCMR | CY2013 | BC 2013 04071
Original file (BC 2013 04071.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 
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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