RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00585
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits to his dependents while on active duty.
APPLICANT CONTENDS THAT:
Prior to his medical retirement in July 13, he followed procedures as explained by the retention officer to transfer his education benefits (TEB) to his dependents under the Post9/11 GI Bill program via MILCONNECT. As a result of a web site failure or administrative error, there is no record of his TEB, and his TEB was denied by the Air Force.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Air National Guard on 7 Dec 84.
According to the applicants military personnel records, he performed at least a year of active duty since 11 Sep 01 and therefore had attained entitlement to Post-9/11 GI Bill benefits in his own right. Had the applicant been successful in transferring his benefits to his dependents in Apr 13 as he contends, he would have been unable to complete the four-year service commitment required prior to his transfer to the retired reserve on 17 Jul 13, when he was relieved of his assignement with the Air National Guard and transferred to the Retired Reserve.
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:
NGB/A1Y recommends denial indicating there is no evidence of an error or an injustice. Public Law No. 110-252, section 3319 (f) (1) states in part, that an individual approved to transfer entitlement assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. Directive Type Memorandum (DTM) 09-003 Post-9/11 GI Bill, 22 Jun 09, (reissued 14 Sep 11) attachment 2, paragraph 3.g.1 states: Time for Transfer. An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement to the individuals family member only while serving in the Armed Forces. Both of these documents were published on government-hosted websites prior to the effective date of the Post 9/11 GI Bill. The Defense Manpower Data Center (DMDC) transfer of benefits website has the feature to track a members transfer record from the initial request to any changes or modifications made to the request. This feature tracks requests submitted starting from 14 Aug 10. After a search was conducted by NGB/A1Y, there is no record or documentation showing the applicant transferred his Post 9/11 GI Bill Benefits to his dependent prior to his retirement as defined in Public Law No. 110-252 and DTM 09-003.
A complete copy of the NGB/A1Y evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that he did follow the requirements in order to TEB to his dependents. He contends he did submit for TEB in Apr 13 per directions given to him, but cannot explain why there is no record of his TEB submission. He agrees with the OPR that he discussed with the Retention Office manager the requirements for TEB, and that the reason he did not show-up for his final out-processing was because he did not want to complete the out-processing until this TEB issue was settled. He submits a Department of Veterans Affairs (DVA) document showing that he has 36 months of educational benefits remaining. He requests the Board approve his request for transferring his educational benefits to his dependents and any retroactive payments be made so he can continue to send his daughter to college (Exhibit E).
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. While we note the applicants arguments in response to the advisory opinion indicating that he exercised due diligence in attempting to effect the transfer of his benefits in Apr 2013, we do not find these arguments or the evidence presented sufficient to conclude that an error on the part of the Air Force has caused him to be the victim of an error or injustice. Even if we accept for the sake of argument that that an error by the Air Force caused the applicant to be unable to transfer his educational benefits in Apr 13, the applicant would have been unable to perform the requisite service commitment required to be eligible to make the transfer as the applicant retired approximately two months after he indicates he attempted to make said transfer. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
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-2014-00585 in Executive Session on 13 Jan 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-00585 was considered:
Exhibit A. DD Form 149, dated 27 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1Y, dated 11 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14.
Exhibit E. Letter, Applicant, dated 16 May 13, w/atchs.
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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