RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01076
COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Educational
benefits to his dependents effective 11 August 2009.
APPLICANT CONTENDS THAT:
On 11 August 2009 he submitted his eligibility request and then
submitted his Transfer of Education Benefits (TEB) application.
He and two other officers went back to the website; however,
there was no indication that the transfer was complete. At the
time there was no clear guidance on what the proper procedures
to TEB were. To his knowledge both officers had their records
corrected via the Board process. This injustice will
significantly affect his familys future benefits.
In support of his request the applicant provides an affidavit
from a fellow officer and an electronic communiqué.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to a Personal Data document dated 18 March 2014, the
applicants Total Active Federal Military Service Date is
14 June 1992. He became retirement eligible in June 2012.
According to DD Forms 2648, Preseparation Counseling Checklist
for Active Component, Active Guard Reserve, Active Reserve, Full
Time Support, and Reserve Program Administrator Service Members,
on 19 January 2012 and 1 November 2013, the applicant indicated
that he did not want counseling for education benefits prior to
his retirement.
According to his DD Form 214, Certificate of Release or
Discharge from Active Duty, the applicant retired effective
1 November 2014 after serving 21 years, 4 months and 29 days on
active duty.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. There is no evidence the
applicant applied to TEB through the Defense Manpower Data
Center (DMDC) website or in the Right Now Technology. Without a
signed Statement of Understanding (SOU), Total Force Service
Center personnel cannot determine if the applicant accepts the
4-year Active Duty Service Commitment; therefore, eligibility
for the program cannot be established. Applying through the
Department of Veterans Affairs (DVA) website only determines
eligibility for the member and cannot be used to establish
eligibility under the TEB process. The DVA website explicitly
states that the transfer must be completed through the DMDC
website. Had he gone to this website in 2009, he could have
facilitated a TEB application.
The complete DPSIT evaluation, with attachments, is at Exhibit
C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 16 May 2014, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
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 error or injustice. After
carefully reviewing the evidence of record and the applicant's
complete submission we do not find that he is the victim of
error or injustice. We note the applicant asserts that other
officers with the same issues had their records corrected via
the Board process. However, he has not provided substantial
evidence to show that he has been treated any differently than
others similarly situated. Therefore, we agree with the opinion
and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis
for our conclusion the applicant has not been the victim of an
error or injustice. In the absence of persuasive 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 15 January 2015, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
01076 was considered:
Exhibit A. DD Form 149, dated 10 March 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 18 March 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 May 2014.
AF | BCMR | CY2014 | BC 2014 03405
The DVA counselor did not mention anything about ensuring he transferred months to his dependents prior to retirement. It stated upon approval, family members may apply to use transferred benefits with the DVA by completing a DVA Form 22-1990e. But there was no mention that it had to be done before retirement. While the applicants review states the 18 Jul 09 DVA letter is confusing on what needed to be done and does not mention the TEB application had to be completed before retirement,...
AF | BCMR | CY2013 | BC-2013-01521
He was not informed by the DVA or the Air Force of the need to transfer the benefits. 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. Exhibit C. Letter, SAF/MRBR, dated 3 May 2013.
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_________________________________________________________________ APPLICANT CONTENDS THAT: In 2009, he registered for Post 9/11 GI Bill education benefits with the Department of Veterans Affairs (DVA) and was led to believe that his Defense Enrollment Eligibility System (DEERS) dependents would be automatically eligible to receive the education benefits. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air...
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The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit E. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the applicants request noting the applicant may not have received accurate information regarding transferring education benefits to his dependents. Service members of the Armed Forces who, on or after 1 Aug 09, eligible for the Post-9/11 GI Bill, had...
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The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. On 28 Jan 11, the applicant received pre-separation counseling and indicated on his DD Form 2648, Pre-separation Counseling Checklist for Active Component (AC) Service Members that he wanted counseling for educational benefits prior to his retirement. ...
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At the time, there was no indication of any other required steps to complete. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 10 Jul 2009, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents. Exhibit C. Letter,...
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________________________________________________________________ APPLICANT CONTENDS THAT: While on active duty he followed the instructions to request Transfer of Education Benefits (TEB); however, there is no record of the transaction. The applicant states all requirements for TEB were completed; however, he went through VONAPP. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02518 in Executive...
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