RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03723
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be
approved.
APPLICANT CONTENDS THAT:
He served 23 years and meets all of the requirements for TEB. On
25 Jul 11, he applied to transfer his benefits and thought the
application was submitted. During the Transition Assistance
Program (TAP) he attended, he completed all required paperwork and
was told it was taken care of. After his separation, he was
unable to check email and the Air Force did not have his personal
email address. While his daughter wanted to start college, she
now has to wait.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 15 Jun 11, the applicant signed DD Form 2648, Preseparation
Counseling Checklist for Active Component Service Members,
accepting counseling. Block #13a, Education benefits (Montgomery
GI Bill, Veterans Educational Assistance Program, Vietnam-era,
etc.) was checked Yes.
On 31 Jul 11, per Special Order No. AC 007986, the applicant was
relieved from active duty and retired, effective 1 Aug 11. He was
credited with 20 years, 1 month and 10 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of an
error or an injustice. The member applied for TEB on 25 Jul 11,
but already had an approved retirement effect 31 Jul 11;
therefore, the member was not eligible for the program. The
law/instructions cite the date of request as the date on which the
appropriate service obligation would be established (In Accordance
With (IAW) AFI 36-2306, The Air Force Education Services Program,
Attachment 9, A9.18.1.2, A9.18.1.3 and A9.18.1.4). Without the
required retainability, the members TEB application cannot be
approved. Members who cannot serve the period of time without
agreeing to the required Active Duty Service Commitment
(ADSC)/program requirements will have their application rejected.
The complete 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 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
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03723 was considered:
Exhibit A. DD Form 149, dated 24 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 3 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.AF | BCMR | CY2014 | BC 2014 03407
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The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit E. AIR FORCE EVALUATION: AFPC/DPSIT recommends granting the applicants request noting the applicant may not have received accurate information regarding transferring education benefits to his dependents. Service members of the Armed Forces who, on or after 1 Aug 09, eligible for the Post-9/11 GI Bill, had...
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He has already served the 47 months for the TEB. Had he received the e-mail when he initially applied, then he would have signed and/or obtained the correct requirements. Military Personnel Record Exhibit C. Letter, AFPC/DPSIT dated 3 Jul 14.
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