RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04606
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents while on active duty.
APPLICANT CONTENDS THAT:
He was not briefed on the requirements to be approved for the TEB and he did not seek approval or transfer until one year prior to his retirement, too late to fulfill the four-year service obligation.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 31 May 13, the applicant was released from active duty and retired, effective 1 Jun 13. The applicant performed more than the requisite amount of service since 9/11 and qualified for Post-9/11 GI Bill benefits in his own right. The applicant could have requested to transfer his benefits as early as 1 Aug 09, but would have incurred a four-year active duty service commitment (ADSC) if he had done so.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of an error or injustice. While the applicant contends that he was not briefed on the requirements to be approved for the TEB and was unaware of the four-year service commitment required to transfer his benefits, the Department of Defense (DoD) issued a regulation, Directive Type Memo (DTM) 09-003 (reissued Sep 10, 2010), that authorized the Military Departments to offer service members the option to transfer benefits. The transfer must be initiated while the member is serving in the Armed Forces, which is defined as limited to those on active duty or in the Selected Reserve. There is no record in MilConnect or the Right Now Technology (RNT) showing the applicant made any inquiry/attempt to apply for TEB prior to retirement. He does not provide any supporting documentation/evidence of his TEB ineligibility, and finally, his DD Form 2648, Preparation Counseling Checklist for Active Component Service Members, shows he declined counseling on educational benefits.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 14 for review and comment within 30 days. 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 an error or injustice. After a thorough review of the evidence of record and the applicants completes submission, we are not convinced he is the victim of an error or injustice. While the applicant contends that he was unaware of the four-year active duty service commitment associated with the transfer of benefits, we are not convinced that an error on the part of the Air Force precluded the applicant from applying to transfer his benefits as early as 2009 and, in our view, given the steps the Air Force went through to make members aware of the requirements to transfer their benefits to their dependents, to include the requirement for additional service, we are not persuaded by the applicants uncorroborated assertions that he is the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, 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-2013-04606 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Sep 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 21 Oct 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
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