RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01619
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent.
APPLICANT CONTENDS THAT:
In Mar 10 he changed his education benefits from the MIGB to the new Post-9/11 GI Bill and he requested that 25% of those benefits be transferred to his daughter.
The Board should find it in the interest of justice to consider his untimely application because in 2010 his daughter was only in the 9th grade, therefore, there were no actions required. The error was not discovered until recently when he contacted the Veterans Administration to perform any required TEB actions for his daughters college enrollment.
In support of his appeal, the applicant states that any and all of his military and personal records of this transaction were lost when his storage facility flooded in Jul 13. At the boards request, he is willing to provide written proof of the flood.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of Master Sergeant (E-7) effective 31 Oct 10. He served 24 years and 17 days of active service.
According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time, nor did he inquire with the Total Force Service Center (TFSC) according to the Right Now Technology regarding TEB (to include eligibility for the program).
The applicants Total Active Federal Military Service Date (TAFMSD) is 14 Oct 86. In accordance with AFI 36-2306, For individuals eligible for retirement on 1 Aug 09, no additional service is required. Based on his TAFMSD, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval.
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. There is no record in the Defense Manpower Data Center (DMDC) application that the member applied for TEB; 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 (IAW AFI 36-2306, Attachment 9, A9.18.l.2, A9.18.l.3 and A9.18.l.4). Without a request, a TEB application cannot be approved and eligibility cannot be determined.
If the BCMR feels an injustice has occurred and decides to approve the case, the most reasonable estimate with regard to the TEB approval date would be 1 Mar 10, as the member did not provide any evidence or an exact date he attempted to transfer his benefits.
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 4 Aug 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 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 that 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-2014-01619 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 14.
Exhibit B. Master Personnel Records
Exhibit C. Letter, AFPC/DPSIT, dated 26 May 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
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