RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02431
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect he transferred his Post-9/11 GI Bill educational benefits (TEB) to his son.
APPLICANT CONTENDS THAT:
He applied and was approved for TEB in August 2009. Immediately following the approval, he transferred the benefits to his son and it appeared on-line. However, upon his retirement, the MilConnect website shows those eligible for TEB, but no longer shows the transfer.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 31 October 2013, the applicant was retired in the grade of lieutenant colonel (O-5).
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 showing that the applicant applied for TEB through MilConnet, in the Right Now Technology, or signed a Statement of Understanding (SOU) in August 2009. Without a signed SOU, Total Force Service Center personnel cannot determine if a member accepts the three year active duty service commitment (ADSC); and therefore eligibility for the program cannot be established. The law/regulations cite that the date of a members request is the date in which the appropriate service obligation would be established. Applying through the Department of Veterans Affairs (DVA) only determines eligibility for the member and cannot be used to establish eligibility under the TEB process since the DVA does not administer the required obligation/ADSC. According to the applicants retirement pre-application checklist, dated 28 November 2012, he acknowledged that Post 9/11 GI Bill TEB is only available while on active duty and lost once retired, as well as, he may incur an ADSC associated with the TEB. According to the Defense Manpower Data Center, the applicant has never applied for TEB.
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 10 November 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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-2014-02431 in Executive Session on 23 March 2015 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02431 was considered:
Exhibit A. DD Form 149, dated 15 May 2014, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, 21 August 2014.
Exhibit D. Letter, SAF/MRBR, dated 10 November 2014.
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