RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02070
XXXXXXXXXXXXX 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:
Due to his mental health, he did not transfer his GI Bill benefits to his dependents. He has been diagnosed with PTSD and TBI and has a 100% disability rating from the VA. He retired after 30 years and did not make the transfer before he retired. At that time, he was very disoriented and had just returned from his sixth or seventh deployment. Due to his disability, he overlooked transferring his GI Bill benefits as required. He now requests an exception to policy and asks that he be allowed to transfer his benefits.
In support of his appeal, the applicant provides part of his VA disability award documentation indicating his permanent disability.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of Chief Master Sergeant (E-9) effective 1 May 13.
The applicants Total Active Federal Military Service Date (TAFMSD) is 26 Apr 83. In accordance with AFI 36-2306, For individuals eligible for retirement on 1 August 2009, 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 described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, stating that on 28 Jun 12, the applicant submitted the Pre-Application Checklist which states by law (USC Title 38), certain enrollment actions (e.g., initiation of Post-9/11 GI Bill transfer of benefits) are only available while on active duty and lost once separated or retired. Furthermore, the checklist states: "You may incur an ADSC with certain enrollment actions; therefore, we highly recommend you seek counseling prior to submitting your application for separation/retirement. If you take action after being approved for separation or retirement, you could lose the benefit." The applicant acknowledged the information by annotating "yes." Additionally, he indicated no desire for additional counseling on his DD Form 2648, Pre-Separation Counseling Checklist, Section 14a, Education Benefits (Post-9/11 GI Bill Chapter 33).
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 the applicant did not receive adequate information about the Post-9/11 GI Bill and the Transfer of Benefits program prior to retirement.
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 9 Sep 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 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. In regards to the applicants PTSD, he has not provided evidence to show that he was in fact diagnosed with a mental disorder while serving on active duty and how this condition precluded him from submitting his application to transfer his TEB benefits to his dependents. 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-2014-02070 in Executive Session on Tuesday,
14 Jul 15 under the provisions of AFI 36-2603:
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 14, w/atch.
Exhibit B. Memorandum, AFPC/DPSIT, dated 4 Jun 14.
Exhibit C. Letter, SAF/MRBR, dated 9 Sep 14.
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