RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03405

  					COUNSEL:  NONE

					HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His Post 9/11 GI Bill Transfer of Education Benefits (TEB) be 
approved.


APPLICANT CONTENDS THAT:

On 16 Aug 14, he logged into the Defense Manpower Data Center 
(DMDC) website to transfer benefits as his son was applying to 
college.  The blocks to allocate months to his dependents were 
not available and next to his dependents names was “ineligible.”  
He contacted the Air Force Retirements office at AFPC, a 
Department of Veteran’s Affairs (DVA) contact he had previously 
spoken with, a DMDC contact he had previously spoken with, and a 
contact at AFPC/DPCIT to request assistance, but was told he 
needed to submit an application to correct his records.

When he applied for Post-9/11 GI Bill education benefits, the 
website stand-up was delayed.  He and his fellow commanders 
participated in a special enrollment where they were told they 
were completing paperwork that would formally enroll them with 
the Department of Veteran’s Affairs (DVA) and complete Air Force 
paperwork required when the website finally stood up.  The TEB 
paperwork was included to start the clock for the Active Duty 
Service Commitment (ADSC).  

Though he did not receive copies of the paperwork, he was told 
to expect a letter from the DVA and a telephone survey for the 
TEB.  He received the letter dated 18 Jul 08 from the DVA 
notifying him they had received his application regarding TEB.  
About two months later, he received the telephone survey in 
which the person he spoke with indicated he was enrolled and his 
TEB requirements were met.   

After permanent change of station in 2010, he checked the system 
and it contained his information showing him eligible and 
qualified.  Prior to his retirement in 2012, he attended the 
Transition Assistance Program (TAP) where they stressed the 
importance of having account information set up prior to 
retiring; however, no one mentioned loading any months to family 
members.  He met with a local DVA counselor who, after logging 
into the DVA website, said he was good to go.  The DVA counselor 
did not mention anything about ensuring he transferred months to 
his dependents prior to retirement.  

Prior to final out-processing, he met with a base education 
counselor to again ensure everything was set-up properly for the 
TEB to his dependents.  The counselor never mentioned 
transferring benefits prior to retirement.  He was under the 
impression he was to do this just prior to when one of his 
children needed the benefit.
  
The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 24 Oct 89, the applicant entered the Regular Air Force.

On 18 Jul 09, the applicant received a letter from DVA in 
regards to transferring benefits.  This letter indicated the 
member could only be eligible “after” DoD had approved his 
request for TEB.

On 14 Feb 12, he prepared DD Form 2648 Test, Preseparation 
Counseling Checklist for AC, AGR, AR, FTS, and RPA Service 
Members, indicating “No” in block #14, Education/Training 
indicating he did not need counseling for Education benefits 
Post9-11 GI Bill Chapter 33, Montgomery GI Bill Chapter 30, 
Veterans Educational Assistance Program, Vietnam-era, etc.   

On 30 Sep 12, the applicant was relieved from active duty and 
retired, effective 1 Oct 12.  He was credited with 22 years, 11 
months and 7 days of active service, including 1 year, 6 months 
and 17 days of foreign-service.   


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence the 
member applied for TEB by current law and regulation via 
MilConnect in August 2009.  Without a signed Statement of 
Understanding (SOU), Total Force Service Center personnel cannot 
determine if the member accepts the one year ADSC.  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 stablished (REF:  
AFI 36-2306, The Air Force Education Services Program, 
Attachment 9, A918.1.2, A9.18.1.3 and A9.128.1.4).  Applying via 
the DVA only determines eligibility for the member and cannot be 
used to establish eligibility under the TEB process, due to the 
fact the DVA does not administer the required Obligation/ADSC, 
and each Service component administers its respective 
obligations.  Without a submission via MilConnect, the proper 
service obligation cannot be administered or fulfilled.     

The complete DPSIT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating he has included additional 
and more detailed information regarding his attempt to transfer 
educational benefits to his dependents.  He provides a summary 
of what he already submitted, but adds additional details 
indicating he made a full faith effort and more than reasonable 
efforts to personally ensure his benefits were assured post 
retirement.  He served 23 years of service including three years 
after the initial application for TEB to dependents in 2009.  

The 18 Jul 09 letter from the DVA was very unclear what actions 
were required when.  It stated ‘upon approval, family members 
may apply to use transferred benefits with the DVA by completing 
a DVA Form 22-1990e.”  But there was no mention that it had to 
be done before retirement.  The letter also states “When you are 
officially discharged from service we must re-determine your 
eligibility for benefits.  To do this, we will need verification 
that you were discharged.  When you receive your official DD 214 
….”  He states he sees now that it was not referring to the 
transferability option.  However, when he reads it, given what 
he had been told, he understood that he was good to go until 
after he retired when his dependents were ready to use the 
transferred benefits.  

He maintains he was never informed verbally or in writing that 
he needed to transfer benefits months before retirement.  He 
thought the allocation of months needed to be done when it was 
closer to the time that his son was ready to attend college; in 
his case, after he retired.  

The complete APPLICANT review is at Exhibit D.


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, including his 
rebuttal to the Air Force advisory, 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 the applicant’s 
review states the 18 Jul 09 DVA letter is confusing on what 
needed to be done and does not mention the TEB application had 
to be completed before retirement, it clearly states the process 
begins with checking the DoD transferability application 
website, only available to military members, to determine 
dependent eligibility to receive transferred benefits.  It 
further states after DoD approves the request for TEB, a VA Form 
22-1990e should be completed and submitted to the DVA by the 
family member.  We find no evidence which indicates the 
applicant applied for transferability through the designated DoD 
website prior to his military retirement, as required by law and 
regulation.  Therefore, in the absence of evidence to the 
contrary, we do not believe he has demonstrated evidence of an 
injustice and find no basis to recommend granting the requested 
relief.

4.  The applicant’s 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 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-2014-03405 was considered:

	Exhibit A.  DD Form 149, dated 18 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 26 Aug 14.
	Exhibit D.  Applicant Letter, dated 21 Oct 14.