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AF | BCMR | CY2014 | BC 2014 02565
Original file (BC 2014 02565.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02565

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 Montgomery GI Bill 
benefits to his dependent daughter.


APPLICANT CONTENDS THAT:

Due to the 2011 earthquake and tsunami events while assigned to 
Yokota Air Base, Japan, he overlooked transferring his education 
benefits during outprocessing, as a result of being busy 
supporting an humanitarian effort.

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


STATEMENT OF FACTS:

On 25 Jul 88, the applicant enlisted in the Regular Air Force.

On 5 Jul 11, the applicant received his preseparation counseling 
indicating he received education benefits counseling.

On 1 Sep 11, the applicant retired from active duty and was 
credited with 23 years, 1 month and 6 days of total active 
service.

Transferability of Unused Education Benefits to Family Members. 
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, 
the Secretary concerned, to promote recruitment and retention in 
the Uniformed Services, may permit an individual eligible for 
Post-9/11 GI Bill educational assistance to elect to transfer to 
one or more of his or her family members all or a portion of his 
or her entitlement to such assistance.  For individuals eligible 
for retirement on 1 Aug 09, such as the applicant, no additional 
service is required. 


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 evidence the 
applicant ever applied for Transfer of Education Benefits (TEB) 
through the Defense Manpower Data Center (DMDC), therefore, his 
eligibility cannot be determined.  According to the 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) regarding TEB, until 14 Mar 14.  In accordance with AFI 
36-2306, Voluntary Education Program, Attachment 9, A9.18.1.4.1, 
based on the applicant’s TAFMSD, he would have incurred no 
additional service obligation with TEB approval.  Without a 
request, a TEB application cannot be approved.

The complete 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 9 Sep 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an 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 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-2014-02565 in Executive Session on 11 May 15 under the 
provisions of AFI 36-2603:

	                     , Panel Chair
	                    , Member
	                   , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 14 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 14.




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