RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05383
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Educational Benefits (TEB) to his dependents in Aug 09.
APPLICANT CONTENDS THAT:
He was denied the opportunity to enroll in the Post-9/11 GI Bill, with TEB, even though he applied as directed. On 1 Aug 09, he took a permanent change of station (PCS) move to Elmendorf Air Force Base, Alaska. During in-processing his filled out the necessary paperwork to convert to the Post-9/11 GI Bill and transfer his educational benefits to his dependents just as the briefing recommended, and turned the paperwork over to the briefer. After his retirement when he went to use his educational benefits, he discovered his GI Bill never converted over to the Post-9/11 GI bill.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 3 Aug 93.
On 3 Aug 13, the applicant completed twenty years of active service and became eligible for retirement.
On 31 Aug 13, the applicant retired, and was credited with 20 years and 28 days of active service.
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. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.
The member states that during a mass in-processing briefing he signed up for the Post-9/11 GI Bill and transferred his benefits to his dependents. According to the Acting Chief, Force Development Education and Training Services at Elmendorf ARB, he has never collected any paperwork for members signing up for TEB. The process for applying for TEB begins by logging into the vMPF. A member must go to the DMDC website, acknowledge and agree to the required active duty service commitment (ADSC), and sign a Statement of Understanding (SOU). There is no evidence the member applied for TEB in MILCONNECT or signed an SOU. The member attended a pre-separation briefing on 19 Dec 12 and indicated on his DD Form 2648, Preseparation Counseling Checklist For Active Component (AC), Active Guard Reserve (AGR), Active Reserve (AR), Full Time Support (FTS), And Reserve Program Administrator (RPA) Service Members, that he wanted to be counseled on how to sign up for the TEB. The member had the opportunity to contact the Education Office or the Total Force Total Force Service Center, but never made an attempt to follow-up as directed. On 15 Sep 13, the applicant submitted his application to retire with a retirement effective date of 1 Sep 13.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2 Jun 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. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants 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 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-2013-05383 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05383 was considered:
Exhibit A. DD Form 149, dated 7 Nov 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 16 Jan 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 14.
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