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AF | BCMR | CY2013 | BC-2013-00104
Original file (BC-2013-00104.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00104
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he transferred his Post-9/11 
GI Bill to his dependents effective 11 February 2010.

________________________________________________________________

APPLICANT CONTENDS THAT:

He elected to transfer his educational benefits (TEB) to his 
dependents when it became available in February 2010.  He was 
not aware the benefits did not transfer until August 2012.  He 
contacted the education office and provided them with a copy of 
the screenshot as proof of his enrollment.  He was told there 
was nothing they could do as there was no record of his 
enrollment.  His only option was to reenroll.

In support of his appeal, the applicant provides TEB screenshot, 
his DD Form 214, Certificate of Release or Discharge from Active 
Duty and other supporting documentation. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a member of the Air Force Reserves serving in 
the grade of technical sergeant.  

The remaining relevant facts pertaining to this case are 
contained in the letter prepared by the office of primary 
responsibility and contained at Exhibit B.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1K recommends denial.  The applicant contends he applied 
for the TEB on 11 February 2010.  However, there is no record of 
that transfer on the TEB website.  Based on the screenshot 
submitted by the applicant, he never transferred anything to his 
dependents.  The transferred months reflects 0 for both 
dependents.  This is not a valid application for transfer.  
Furthermore, he did not have the retainability for the benefits 
on 11 February 2010.

The record shows the applicant applied for the TEB on 14 August 
2011.  His application was rejected because he failed to 
complete the required Statement of Understanding.   He applied 
for the benefits again on 22 August 2012.  He met the 
requirements and this application was approved.  His dependents 
have a start date of 22 August 2012 and his service obligation 
ends on 21 August 2016.  

The complete A1K 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 14 April 2013, for review and comment within 
30 days (Exhibit C).  As of this date, this office has received 
no response.

________________________________________________________________

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 applicant’s complete submission in judging the 
merits of this case; however, we find insufficient evidence of 
an error or injustice to warrant corrective action.  The facts 
and opinions stated in the advisory opinion appear to be based 
on the evidence of record; most notably, the applicant failed to 
specify the number of months he wished to transfer to each of 
his dependents.  Based on the evidence before us, it appears the 
applicant failed to exercise due diligence to ensure the 
transfer of benefits was effected as he intended.  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-2013-00104 in Executive Session on 24 September 2013, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Feb 13, w/atchs.
    Exhibit B.  Letter, AFRC/A1K, dated 5 Apr 13.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Apr 13. 



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