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AF | BCMR | CY2013 | BC-2013-01521
Original file (BC-2013-01521.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 VA’s 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 Force’s 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 
Defense’s 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 
applicant’s 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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