Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 05457
Original file (BC 2013 05457.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

 
IN THE MATTER OF:				DOCKET NUMBER: BC-2013-05457
	 					COUNSEL:  NONE
   				   		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he transferred his Post-
9/11 GI Bill educational benefits to his dependents.   

________________________________________________________________

APPLICANT CONTENDS THAT:

He made his request for Transfer of Education Benefits (TEB) 
correctly.

It was discovered approximately 10 months ago through the e-
Benefits website that his request was disapproved because he did 
not respond to an e-mail that AFPC said they sent.  Upon 
speaking with representatives from the Department of Veterans 
Affairs (DVA) and AFPC, he learned the e-mail was sent well 
after he had already out-processed and he never received the e-
mail.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant retired on 1 Jul 11.  He was first eligible to 
retire, i.e., 20 years of active service, on 1 Aug 09. 

Post-9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post-9/11 GI Bill, and: 

*	Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in the 
Armed Forces from the date of election. 

*	Has at least 10 years of service in the Armed Forces (active 
duty and/or selected reserve) on the date of election, is 
precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy or 
statute, or 

*	Is or becomes retirement eligible during the period from 1 Aug 
2009 through 1 Aug 2013.  A service member is considered to be 
retirement eligible if he or she has completed 20 years of 
active duty or 20 qualifying years of reserve service. 

*	For those individuals eligible for retirement on 1 Aug 2009, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 2009, and before 1 Jul 2010, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
2009, and before 1 Aug 2010, 1 year of additional service 
after approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2010, and before 1 Aug 2011, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2011, and before 1 Aug 2012, 3 years of additional 
service after approval of transfer required. 

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant requested 
retirement on 31 Jan 11 with an effective retirement date of    
1 Jul 11.  He subsequently applied for TEB on 29 Apr 11.  Based 
on his Total Active Federal Military Service Date (TAFMSD) of  
31 Aug 89 one year of additional service is required In 
Accordance with AFI 36-2306, Voluntary Education Program, 
Attachment 9, A9.18.1.4.3.  His approved retirement prior to 
submitting the TEB application eliminated the possibility he 
could meet the one year retainability required through 28 Apr 
12; therefore, he was ineligible when he applied.  

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 24 Jan 14, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
C).  As of this date, this office has not received a response.
 
________________________________________________________________



THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.      
   
3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant’s 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 the rationale expressed as the basis for our conclusion 
that the applicant has not been the victim of an error or 
injustice.  Therefore, in the absence of 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 AFBCMR Docket 
Number BC-2013-05457 in Executive Session on 11 Aug 14 under the 
provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Nov 13.     
     Exhibit B.  Letter, AFPC/DPSIT, dated 31 Dec 13. 
     Exhibit C.  Letter, SAF/MRBR, dated 24 Jan 14. 
     	
 
 
 

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03316

    Original file (BC 2013 03316.txt) Auto-classification: Approved

    At the time, there was no indication of any other required steps to complete. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 10 Jul 2009, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents. Exhibit C. Letter,...

  • AF | BCMR | CY2013 | BC 2013 03973

    Original file (BC 2013 03973.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...

  • AF | BCMR | CY2013 | BC 2013 02724

    Original file (BC 2013 02724.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: On 10 Feb 2011, he applied and received approval for Transfer of Education Benefits (TEB). * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. Additionally, when the applicant applied through MilConnect, there would have been a message from his service component stating that his TEB is not final until AF Form 4406,...

  • AF | BCMR | CY2010 | BC-2010-00609

    Original file (BC-2010-00609.txt) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating that Title 38, United States Code (USC), Chapter 33, section 3319 (f)(1) states that “an individual...may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.” In discussing this issue with education counselors and education service officers, they conveyed that many service members did not realize that...

  • AF | BCMR | CY2013 | BC 2013 02518

    Original file (BC 2013 02518.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: While on active duty he followed the instructions to request Transfer of Education Benefits (TEB); however, there is no record of the transaction. The applicant states all requirements for TEB were completed; however, he went through VONAPP. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02518 in Executive...

  • AF | BCMR | CY2010 | BC-2010-00880

    Original file (BC-2010-00880.txt) Auto-classification: Approved

    However, the Board could find that there was an injustice if the members were on active duty on 1 Aug 09, were not personally counseled about the need to execute a transfer while serving in the Armed Forces, and did not have ready access to DoD and Air Force guidance because of their terminal leave status. The transfer date could be effective as early as 1 Aug 09 and there would be no need to place the member on active duty since the TEB system allows for correction of the record by Air...

  • AF | BCMR | CY2014 | BC 2014 01487

    Original file (BC 2014 01487.txt) Auto-classification: Denied

    He then submitted another TEB and received an approved waiver of the TEB obligation end date, which allowed him to retire voluntarily and keep the TEB benefit. On 17 Nov 11, the RNT system shows the applicant made an additional request to change his retirement date to 1 Oct. “For those members eligible for retirement after 1 Aug 11, and on or before 1 Aug 12, three years of additional service from the date of request is required.” Based on his TAFMSD, his retirement date, and the date he...

  • AF | BCMR | CY2013 | BC-2013-00146

    Original file (BC-2013-00146.txt) Auto-classification: Approved

    DPSIT states that there is no documentation or evidence to support that the applicant initiated action to obtain the 4 year retainability required for the TEB active duty service commitment (ADSC). As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00146 in Executive Session on 4 Nov 2013, under the provisions of AFI 36-2603: ,...

  • AF | BCMR | CY2011 | BC-2011-03776

    Original file (BC-2011-03776.txt) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, that the applicant's last day on active duty was 31 Jul 09. The DTM and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. While on terminal leave there were opportunities afforded members currently on terminal leave to extend their retirement effective date an additional 30 days in order to qualify for...

  • AF | BCMR | CY2013 | BC 2013 03179

    Original file (BC 2013 03179.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He believes his daughter should be eligible for his GI Bill. At no time was the GI Bill transfer process requirements discussed, perhaps because they assumed he would exhaust his benefits. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 2013.