RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00155
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents.
APPLICANT CONTENDS THAT:
The Department of Veterans Affairs (DVA) advised him that his educational benefits had been transferred to his dependents. However, after completing the form requesting his daughter receive the benefits for college, it was denied. When he contacted the Department of Defense (DoD) Education office, he was told a mistake had been made; he had not remained on active duty long enough to qualify to transfer his benefits to his dependents. He is confused on how a mistake like this can be overlooked for three years. His dependents will suffer because of this miscommunication.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 18 May 10, the applicant signed the Post 9/11 G.I. Bill Transfer of Educational Benefits (TEB) Statement of Understanding (SOU), acknowledging that he understood it was his responsibility to ensure he obtained the required retainability to fulfill the service obligation required in order to be eligible for TEB. As the applicant was eligible for retirement during the period 1 Aug 09 through 31 Jul 10, the applicant could have elected to transfer his benefits as early as 5 Oct 09, when he would have attained 20 years of active service, and incurred a one-year service commitment. However, as the applicant waited to elect to transfer his benefits until 18 May 10, the applicable active duty service commitment was May 11.
On 1 Nov 10, the applicant voluntarily retired and was credited with 21 years and 26 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum 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 an injustice. The member submitted an application for the Post-9/11 GI Bill through the DMDC website on 18 May 10 and acknowledged the Transfer of Education Benefits questions one of which states "I understand and agree to remain in the Armed Forces for the period required. I understand that failure to complete that service may lead to an overpayment by the DVA for any payments made." The member signed the SOU on 18 May 10 acknowledging and agreeing to the statements on the SOU including one which states, "I understand it is my responsibility to ensure I obtain the required retainability to fulfill the service obligation required. Failure to serve the required service obligation will result in overpayment which will be recouped by the Department of Veterans Affairs. The applicant failed to obtain the required retainability to fulfill the active duty service commitment (ADSC) of 2 May 11, reflected on members Submit Transfer Request form and on members approval form letter.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit D). 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. 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.
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-2014-00155 in Executive Session on 3 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 23 Jan 14,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
AF | BCMR | CY2014 | BC 2014 03211
In support of his appeal, the applicant submits the 17 Jul 13 e-mail from the TFSC stating that his application was rejected; a print-out from the milConnect website showing that he applied for his benefits in Aug 11 and inputted a request to transfer months of his benefits to his dependents; an AF Form 1411, Extension of Enlistment in the Air Force, which validates that he extended in order to qualify for TEB transfer; and an unsigned SOU. While the applicant did complete an extension for...
AF | BCMR | CY2014 | BC 2014 02563
He has already served the 47 months for the TEB. Had he received the e-mail when he initially applied, then he would have signed and/or obtained the correct requirements. Military Personnel Record Exhibit C. Letter, AFPC/DPSIT dated 3 Jul 14.
AF | BCMR | CY2014 | BC 2014 03183
The Board should find it in the interest of justice to consider his application because he feels it is unfair that his dependents be punished for an error made by not being educated on the process of allocating one month to each dependent. Airmen who wish to retain their transfer benefit may reference Attachment 3, Enlisted Palace Chase Program, for continued service in the Guard or Reserve. The remaining relevant facts pertaining to this application are contained in the memorandum...
AF | BCMR | CY2014 | BC 2014 01487
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 | CY2012 | BC-2012-01847
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01847 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His remaining active duty service commitment (ADSC) for the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be waived. Post 9/11 GI Bill: Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug...
AF | BCMR | CY2014 | BC 2014 00790
The remaining relevant facts pertaining to this application are contained in the memorandum 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 an injustice. Without a signed SOU, the TFSC personnel cannot determine if the member accepts the four-year active duty service commitment (ADSC). THE BOARD DETERMINES THAT: The applicant be notified the...
AF | BCMR | CY2013 | BC 2013 04592
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04592 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) for his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be changed to 21 Apr 11, instead of 30 Apr 15. On 20 May 13, more than two years after extending his enlistment for TEB, AFPC notified him that the TEB transfer did not occur because he did not sign the...
AF | BCMR | CY2014 | BC 2014 02234
APPLICANT CONTENDS THAT: Due to his best interest of the Air Force waiver he was allowed to voluntarily retire on 31 Mar 12 and able to retain his TEB benefits despite not fulfilling the agreed upon TEB Active Duty Service Commitment (ADSC). In support of his appeal the applicant provides his DMDC TEB Summary from 30 May 14 and VADIR TEB Summary faxed 10 Mar 14 from Department of Veterans Affairs, indicating 31 months of his 9-11 GI-Bill benefit have been transferred to his son; a signed...
AF | BCMR | CY2013 | BC 2013 05876
The applicants first TEB application clearly stated the service member must use the vMPF to complete the TEB SOU. It also stated if the service member did not meet the retainability requirements and failed to sign the TEB SOU within 14 days, the application would be rejected. He was provided a TEB extension until 16 Nov 11; however, he failed to sign the TEB SOU.
AF | BCMR | CY2014 | BC 2014 01371
Between the time he applied for retirement and his retirement date, he applied for and was approved for TEB. His 19 Aug 11 request for TEB should have been denied without some obligation to serve until at least 18 Aug 12. While the majority notes the recommendation from AFPC/DPSIT indicating he should have inquired about a possible service commitment associated with his TEB eligibility, because he applied for TEB after he was approved to retire, the majority believes corrective action is...