RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03578
COUNSEL: YES
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:
He transferred his TEB to his dependents in 2010 and was under the impression that it was successful when he received a reference number from the Veterans Online Application (VONAPP) website. However, in 2012 when he returned home from a deployment and was preparing to medically retire he was informed that he did not transfer his benefits and would need to reenlist in order to do so. Although he already submitted for the TEB he would have reenlisted to ensure approval of his TEB, but was precluded due to his service connected disability, which forced him to medically retire.
He requests that he be allowed to make the transfer since he was retirement eligible during the period from 1 Aug 09 to 1 Aug 13 and had 20 years of qualifying service.
In support of his appeal the applicant submits a printout from the eBenefits website along with e-mail traffic from 2012 that indicates he applied for his chapter 33 benefits, but would need to submit a DD Form 149 to request that his TEB transfer be approved.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air Force Reserve in the grade of technical sergeant (E-6) during the period of time in question.
On 19 Nov 11, the applicant became retirement eligible. In accordance with AFI 36-2306, Para A9.18.1.4.5. For those members eligible for retirement after 1 August 2011, and on or before 1 August 2012, three years of additional service from the date of request is required. Based on the date he became eligible to retire, he would have incurred a 3-year active duty service commitment (ADSC) obligation on the date he applied for the TEB. If he applied for the TEB in 2010 he would have fulfilled his commitment prior to his retirement.
On 28 Sep 14, the applicant was placed on the Temporary Disability Retired List after which point he was no longer able to request the transfer of educational benefits.
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:
ARPC/DPTT recommends denial. DoDI 1341.13 clearly states that allocations cannot be made to a new family member after retirement or separation. After reviewing the member's record, it was discovered that the member never applied for the transfer of
Post-9/11 benefits. Additionally, the VONAPP website does not notify members of approved transfers because the VA does not manage the transfer of education benefits. In this regard, there is no injustice. Had the applicants transfer request been approved before the medical review process was initiated, the remaining time on the service commitment could have been waived.
Although the transfer cannot be made, the applicant maintains the ability to use the Post-9/11 benefit himself. If the decision is to grant the relief sought, a transfer request will have to be generated on behalf of the member and approved by the approval authority without regard for the 4 year service commitment.
Examiners Note: ARPC/DPTT states that the applicant would have incurred a 4-year ADSC, based on his 19 Nov 11 retirement eligibility date; however, according to DoDI 1341.13 and AFI 36-2306 this date falls between 1 Aug 2011 and 1 Aug 12, requiring a 3-year ADSC obligation.
A complete copy of the ARPC/DPTT 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.
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-2014-03578 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 14, w/atchs.
Exhibit B. Master Personnel Records
Exhibit C. Letter, ARPC/DPTT, dated 20 Oct 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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