RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00790
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) on 16 Sep 10.
APPLICANT CONTENDS THAT:
He was unjustly denied his TEB benefits in 2010. He attempted to transfer his TEB benefits on 16 Sep 10, and checked the appropriate agreements with the Department of Veteran Affairs (DVA) through their VONAPP system. Unfortunately, the record of his transaction did not finalize. He discovered the error in Nov 11.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 12 Nov 93.
Service members who voluntarily enroll in the Post-9/11 GI Bill Program are able to transfer unused educational benefits (TEB) to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 GI Bill benefits to their dependents (Title 38 USC, Chapter 33, §3319(b)(1)). Title 38 USC, Chapter 33, §3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.
According to the documentation submitted by the applicant, he applied for TEB benefits through the DVA website on 16 Sep 12.
On 1 Jan 14, the applicant retired, and was credited with 21 years, 1 month, and 19 days of total 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 members first application for TEB (16 Sep 10) was rejected because he did not sign a Statement of Understanding (SOU). According to the Right Now Technology, he did not inquire with the Air Force the Total Force Service Center (TFSC) regarding his TEB at any point. Without a signed SOU, the TFSC personnel cannot determine if the member accepts the four-year active duty service commitment (ADSC). The law cites the date of request as the date on which the appropriate service obligation was established. Without a signed SOU, no eligibility can be determined and the TEB application cannot be approved. Applying through the Department of Veterans Affairs (DVA) only determines eligibility for the member and cannot be used to establish eligibility under the TEB process due to the fact the DVA does not administer the required ADSC; each Service component administers its respective service commitments. Without a submission through the MilConnect, the proper service obligation cannot be administered or fulfilled. The applicant applied for TEB again on 27 Nov 11, signed his SOU on 30 Nov 11, and was approved for TEB on 5 Dec 11. Based upon his Total Active Federal Military Service Date, he incurred a four-year ADSC beginning 29 Nov 11.
A complete copy of the AFPC/DPSIT evaluation, with attachments, 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.
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-2014-00790 in Executive Session on 13 Jan 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 4 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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