RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01521
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Due to information he received from the Department of Veterans
Affairs (DVA), he erroneously believed his benefits were
available to his family. He was not informed by the DVA or the
Air Force of the need to transfer the benefits.
In support of the applicants appeal, he provides documentation
from the DVA, email communique and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 1 April 2013, the applicant retired in the grade of colonel
after serving 20 years and 29 days on active duty.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, is eligible for the Post-9/11 GI Bill, has at least
6 years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant did
not provide sufficient documentation to support his claim. The
applicant submitted an application through the VAs website and
was approved. This approval was for the applicant and not for
the TEB to dependents. If the applicant would have scrolled
down to the bottom of the VA website it would have taken the
applicant to a link to the DoD website to sign up for the TEB.
Had the applicant gone onto the Air Forces website to transfer
benefits - he would have been approved and would have found out
about the ADSC he would have incurred as a result of the
transfer of benefits. It is clear throughout this process that
the applicant simply failed to apply at the Department of
Defenses website (DMDC) to sign up for the TEB benefits. The
applicant would have incurred an ADSC of four years from date of
his application, even if he signed up in February 2010, his ADSC
would have taken him out to February 2014.
The DPSIT complete evaluation, with attachments, is at Exhibit
B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days (Exhibit
C). As of this date, no response has been received by this
office.
________________________________________________________________
_
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. The
applicants contentions are duly noted; however, 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 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 the evidence presented did not
demonstrate the existence of an 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-2013-01521 in Executive Session on 12 November 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 March 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 8 April 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 3 May 2013.
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