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AF | BCMR | CY2014 | BC 2014 01981
Original file (BC 2014 01981.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2014-01981
		COUNSEL:  NONE
		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependent.


APPLICANT CONTENDS THAT:

He applied for TEB in 2009 and completed all requirements.

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

On 1 April 2011, the applicant retired from active duty in the 
grade of master sergeant.

The applicant’s Total Active Federal Military Service Date is 
6 March 1987.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states according to the 
Defense Manpower Data Center (DMDC) application, there is no 
record the applicant 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).  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, A9.18.1.2, 
A9.18.1.3 and A9.18.1.4).  Based on his TAFMSD, he would have 
incurred no obligation with TEB approval.  Without a request, a 
TEB application cannot be approved.




The complete AFPC/DPSIT evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 October 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response 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 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 the 
rationale expressed as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  We 
note there is no record the applicant applied for TEB or that he 
inquired with the TFSC regarding the TEB.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an 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-2014-01981 in Executive Session on 14 July 2015, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 19 June 2014, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIT, dated 14 July 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 10 October 2014.















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