RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03051
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent.
APPLICANT CONTENDS THAT:
He was conducting a verification of his records on the E-benefits
Website and noticed that his daughter was not on record for the transfer of TEB. He completed the application process in Dec 12; however, there is no history in the Air Force archives and he has been informed by Air Force representatives that records after two years are no longer kept on file.
He believes the records to be in error, due to the fact that he received counseling from education counselors on the application process and was highly aware that the TEB had to be complete prior to his retirement. While he is not sure why the system does not show the transfer, at the time he submitted his TEB he was stationed at Nellis AFB, NV and they constantly encountered LAN/COMM issues through the base network, which caused lost emails and data crashes. Additionally, while he is highly confident in Air Force personnel, he believes that if there were no computer errors there could have possibly been an error with the Air Force system and procedures to document and file the records correctly.
The applicants complete submission 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 senior master sergeant (E-8).
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.
The applicants Total Active Federal Military Service Date (TAFMSD) is 23 Jan 87. 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.
According to his DD FM 214, Certificate of Release from Active Duty, the applicant retired from the Regular Air Force effective 31 Jan 12. The narrative reason for his separation was Voluntary Retirement: Sufficient Service for Retirement.
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 31 Jan 13.
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).
The applicant states that he has tried to retrieve some sort of evidence, but has been unsuccessful. He sincerely hopes that the decision by the OPR to recommend Deny Request be reversed. This is the only benefit that would be left to his daughter that would make a dramatic impact on her future and he urges the Board to recommend approval.
A complete copy of the applicants rebuttal is at Exhibit E.
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 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.
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-2014-03051 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jul 14.
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.
Exhibit E. Applicants Rebuttal, dated 13 Dec 14. AF | BCMR | CY2014 | BC 2014 01619
The Board should find it in the interest of justice to consider his untimely application because in 2010 his daughter was only in the 9th grade, therefore, there were no actions required. Without a request, a TEB application cannot be approved and eligibility cannot be determined. 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...
AF | BCMR | CY2014 | BC 2014 03195
According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time. 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. THE BOARD DETERMINES THAT: The applicant be notified...
AF | BCMR | CY2014 | BC 2014 03695
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03695 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits (TEB) to her dependents. Without a request, a TEB application cannot be approved and eligibility cannot be determined. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2014 | BC 2014 02820
Without a request, a TEB application cannot be approved. 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. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...
AF | BCMR | CY2014 | BC 2014 01697
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). 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...
AF | BCMR | CY2014 | BC 2014 03864
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. On 31 May 13, the applicant retired from the Air Force. 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...
AF | BCMR | CY2014 | BC 2014 02655
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02655 XXXXXXXX COUNSEL: YES HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent. The fellow officer said she had submitted her request on-line to transfer her benefits and encouraged him to do the same. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate...
AF | BCMR | CY2014 | BC 2014 01946
There is no record in the Defense Manpower Data Center (DMDC) application that the member 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). APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation, was forwarded to the applicant on 4 Aug 14 for...
AF | BCMR | CY2014 | BC 2014 02521
In reference to the timeliness of the application, the applicant states that he retired on 31 Dec 09 and submitted his application for Correction of Military Records on 5 Jun 2014, the time between those two dates is 4 years, 5 months and 3 days excluding the end date, still within this identified 5-year time period. He understands if there is no record of his TEB request; however, the Air Force has a record of his 23 years of service and who he had listed as his dependents. THE BOARD...
AF | BCMR | CY2014 | BC 2014 03038
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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...