RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03195
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependents.
APPLICANT CONTENDS THAT:
Prior to his retirement date of 1 Jul 10, he transferred his TEB to his two daughters. During his final retirement out-processing he again confirmed that the transfer took place; however, recently upon inquiring about the benefit he found that they are no longer eligible. For some unknown reason the status of eligibility for his dependents was changed, altered or deleted by person(s) other than himself.
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 master sergeant (E-7).
According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time.
The applicants Total Active Federal Military Service Date (TAFMSD) is 1 Nov 84. 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
1 Jul 10. 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 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). 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 1 Aug 09.
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 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.
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-2014-03195 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 4 Aug 14.
Exhibit B. Master Personnel Record.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Aug 14.
Exhibit C. Letter, SAF/MRBR, dated 17 Nov 14.
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