RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03038
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent.
APPLICANT CONTENDS THAT:
The paperwork to transfer the Post-9/11 GI Bill to his son was either not submitted or lost.
During his retirement out-processing in Jun 10, he was told that he qualified to have his GI Bill transferred to his dependents. Throughout this process he filled out a lot of paperwork and even had his wife take separate notes to ensure nothing was overlooked. He thought that they were being very thorough; however, he recently went to enroll his son in college using his post 9/11 GI-Bill, but he was told that he did not have the required eligibility paperwork. After four years, he cant say for certain whether he was unaware of the required paperwork that needed to be completed for TEB or if he in fact completed it and it was lost in the process. At this point he just wants to fix this administrative error.
He is begging the board to please assist him in resolving this issue. The injustice would be towards his son. He told him that he would have money for college, and he doesnt want him thinking he was lying to him this entire time. It would be a further injustice for his 20 years of service to mean less than the date on a piece of paper.
In support of his appeal, the applicant submits a personal letter to the board.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
During the events under review, the applicant was serving in the Regular Air Force in the grade of technical sergeant (E-6).
According to the Defense Manpower Data Center (DMDC) application, there is no record the member 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).
The applicants Total Active Federal Military Service Date (TAFMSD) is 26 Sep 90. In accordance with AFI 36-2306, Para A9.18.1.4.4. For those members eligible for retirement after 1 August 2010 and on or before 1 August 2011, two years of additional service from the date of request is required. Based on his TAFMSD, he would have incurred a 2-year active duty service commitment (ADSC) obligation with TEB approval.
According to his DD FM 214, Certificate of Release from Active Duty, the applicant retired from the Regular Air Force effective 30 Sep 10. The narrative reason for his separation was Voluntary Retirement: Sufficient Service for Retirement.
Given that the applicant retired on 30 Sep 10, he would not have fulfilled the service commitment required for transfer (ADSC to 1 Aug 11).
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 in the Defense Manpower Data Center (DMDC) application that the applicant applied for TEB; 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.l.2, A9.18.l.3 and A9.18.l.4). Without a request, a TEB application cannot be approved and eligibility cannot be determined. The applicant provides no documentation/evidence of an attempted application for TEB.
If the BCMR feels an injustice has occurred and decides to approve the case, the most reasonable estimate with regard to the TEB approval date would be 30 Sep 10.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 17 Nov 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 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 or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
4. The applicants 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2014-03038 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
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The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03038 was considered:
Exhibit A. DD Form 149, dated 25 Jul 14, w/atch.
Exhibit B. Master Personnel Record
Exhibit C. Letter, AFPC/DPSIT, dated 22 Aug 14 w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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