RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02959
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Post 9/11 GI Bill Transfer of Education Benefits (TEB) be
properly updated in the system and approved.
APPLICANT CONTENDS THAT:
Prior to beginning terminal leave in Oct 2009, he transferred
education benefits to his four children. When his children
requested benefits, there were denied so he believes the
transfer request was not properly updated in the system.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 28 Jun 89.
According to the Retirement Application List from the vMPF, page
7 documents the applicant completed Congressionally Mandated
Preseparation Counseling on 8 Jul 09, in which he received
information on education benefits.
On 31 Jan 10, the applicant was relieved from active duty and
retired, effective 1 Feb 10. He was credited with 20 years, 7
months and 3 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating the applicant failed to
provide any supporting documentation to support an injustice.
There is no record in the Defense Manpower Data Center system
that the member applied for TEB in August 2009; 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, The Air Force Education Services Program, Attachment 9,
A9.18.1.2, A9.18.1.3 and A9.18.1.4). 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 10 Oct 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 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
While we acknowledge the applicants request to have his Post-
9/11 GI Bill transfer of education benefits updated in the
system and approved, he does not provide any evidence showing he
applied and was approved for transfer of education benefits
through the milConnect website as required by law and
regulation. In this respect, we do not believe he has
demonstrated evidence of an injustice, as compared to others in
his similar situation. 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02959 was considered:
Exhibit A. DD Form 149, dated 8 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 27 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.AF | BCMR | CY2014 | BC 2014 01487
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