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.
APPLICANT CONTENDS THAT:
She applied and was approved for TEB shortly after the Post-9/11 GI Bill was offered; however, currently the MilConnect website does not show the transfer that she made prior to her retirement. When she made the transfer she designated two hours to her husband and ten hours to each of her two children. She distinctly remembers this, because she debated over the number of hours to transfer, until a coworker told her it didn't matter as she could adjust the hours at a later date. Additionally, she was already retirement eligible and therefore an extended service commitment was not required on her part.
The error was not discovered until Jun 2014, when her daughter applied to use the benefits and it was denied. Since that time she has spoken with numerous organizations on how to correct the matter. She believes that the system has somehow dropped the information showing her eligibility and she requests that it be corrected.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of Master Sergeant (E-7) effective 1 Nov 12.
According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time, nor did she inquire with the Total Force Service Center (TFSC) according to the Right Now Technology regarding TEB until 18 Jul 14.
The applicants Total Active Federal Military Service Date (TAFMSD) is 25 Oct 88. In accordance with AFI 36-2306, For individuals eligible for retirement on 1 August 2009, no additional service is required. Based on her TAFMSD, she would have incurred no active duty service commitment (ADSC) obligation with TEB approval.
The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B.
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.
If the BCMR feels an injustice has occurred and decides to approve the case, the TEB approval date would be 13 Jun 12, the date her pre-separation checklist was started, with no incurred ADSC.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit B.
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 C). 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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 members of the Board considered AFBCMR Docket Number BC-2014-03695 in Executive Session on Tuesday,
14 Jul 15 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Sep 14.
Exhibit B. Memorandum, AFPC/DPSIT, dated 20 Oct 14.
Exhibit C. Letter, SAF/MRBR, dated 17 Nov 14.
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 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 03051
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. Without a request, a TEB application cannot be approved and eligibility cannot be determined. THE BOARD DETERMINES THAT: The applicant be notified...
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 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...
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 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 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 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...