RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01441
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependents.
APPLICANT CONTENDS THAT:
At the time he was serving in the Air Force, he was unaware of the rules that were required to transfer the Post 9/11 GI Bill. After reading the guidelines for TEB, he believes that he meets all the requirements, except that he is now discharged.
His complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 3 Jun 03.
On 10 Oct 13, the applicant was honorably discharged from the Regular Air Force in the grade of senior airman (E-4). He served 10 years, 4 months and 10 days of active service.
Post-9/11 GI Bill Transferability: Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement, may transfer that entitlement provided he or she meets one of these conditions:
* Has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election.
* Has at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, is precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.
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 B.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant states that he was unaware of the rules and the requirements to transfer benefits for the Post-9/11 GI Bill. The guidance was available during briefings at each base from May 2009 to present, numerous articles have been published, and special briefings were provided at Commander's Calls during this timeframe. The applicant has not provided supporting evidence that an error or injustice has occurred on the part of the Air Force. There is no proof he did not receive any information about the Post-9/11 GI Bill and the Transfer of Benefits program.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 4 Aug 14 for review and comment within 30 days (Exhibit C). 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 error or injustice. We took notice of the applicant's 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 or injustice. Therefore, in the absence of 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 AFBCMR Docket Number BC-2014-01441 in Executive Session on 20 Feb 15, under the provisions of AFI 36-2603:
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XXXXXXXXXX
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The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Apr 14.
Exhibit B. Letter, AFPC/DPSIT, dated 30 May 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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