RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01083
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill benefits to his
spouse.
APPLICANT CONTENDS THAT:
In 2010, he applied for the Transfer of Education Benefits (TEB)
at the Hill AFB Education office, and submitted his request via
computer with the assistance of a representative from the
education office.
He converted his Montgomery GI Bill to the Post 9/11 GI Bill and
the TEB to his spouse. At that time, he had recently reenlisted
with a Date of Separation (DOS) of 17 Apr 15.
In 2014, he entered the MilConnect website with the intentions of
increasing the initial 18 months that he allotted to his spouse to
the full 36 months; however, he noticed that not a single family
member was designated for the TEB.
He believes the Board should find it in the interest of justice to
consider the application because shortly after the injustice
occurred, he was selected for the DOS Rollback and it has taken a
while for him and his wife to become financially stable enough to
consider going back to school.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 17 Mar
99.
On 30 Sep 10, the applicant was released from active duty and was
credited with 11 years, 6 months, and 14 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating that based current law and
regulations, because the applicant never applied through the
Defense Manpower Data Center (DMDC), there is no official request;
therefore, he cannot be approved for TEB.
DPSIT notes, there is no record the applicant applied for TEB
through the DMDC; therefore, no eligibility for the program could
be established, as the law/regulations cite the date of request as
the date on which the appropriate service obligation would be
established (REF: AFI 36-2306, Voluntary Education Program,
Attachment 9, A9.18.l.2, A9.18.l.3 and A9.18.l.4). Without a
request, no eligibility can be determined and no TEB application
can be approved. Aside, had he applied, he would have been
ineligible due to the DOS Rollback which states: members who
transferred benefits to dependents and complete their Post-9/11 GI
Bill ADSC prior to separation will retain their transfer/not face
recoupment. However, members who do not complete their Post-9/11
GI Bill ADSC prior to separation may be impacted.
The complete 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 27 Jun 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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
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-2014-01083 in Executive Session on 20 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket Number
BC-2014-01083 was considered:
Exhibit A. DD Form 149, dated 6 Mar 14.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 26 May 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 14.
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