RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01250
COUNSEL: NONE
HEARING DESIRED: NO
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:
He failed to update his Post-9/11 GI Bill transfer of educational benefits (TEB) to his son prior to retirement, believing that he could do it at a later time.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Dec 90.
On 10 Jan 11, the applicant signed DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members, and indicated that he did not desire counseling for Education benefits.
On 31 Aug 11, the applicant was released from active duty and retired, effective 1 Sep 11, and credited with 20 years, 8 months, and 25 days of active service. As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right.
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 applicant applied for TEB on two occasions, once prior to applying for retirement (27 Sep 10) and again after his retirement approval (4 Mar 11). Based on the applicants total active federal military service date (TAFMSD) of 6 Dec 90, he would have incurred a 2-year active duty service commitment (ADSC) from the date of his first TEB request (REF: AFI 36-2306, Voluntary Education Program, Attachment 9, A9.18.1.4.4), which would have been 27 Sep 12. The applicant retired effective 1 Sep 11; therefore, even if the first TEB application had been approved, he would have retired prior to fulfillment of the TEB ADSC. Since he had an approved retirement prior to the second application, he was ineligible and could not meet TEB eligibility criteria. By current law and regulations, there is no circumstance where the applicant could meet the obligations associated with TEB approval and maintain the same approved retirement date. Additionally, because he voluntarily retired prior to his high year of tenure date, the exception to policy; member precluded by either Air Force policy, DoD policy or statute from committing to the additional years of service to be eligible to transfer unused benefits to dependents, outlined in AFI 36-2306, Attachment 9, A9.18.1.3, cannot be used.
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 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 (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-2014-01250 in Executive Session on 20 Feb 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01250 was considered:
Exhibit A. DD Form 149, dated 21 Mar 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 26 May 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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