RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03864
XXXXXXXXXXXXX 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:
While he was on active duty, personnel from his TAPS class and the Military Personnel Flight (MPF) both informed him that he did not have the Active Duty Service Commitment (ADSC) required to transfer the Post-9/11 GI Bill benefits to his dependents. However, he recently discovered that according to DoDI 1341.13, Table 3.a., dated 31 May 13, For individuals eligible for retirement on August 1, 2009, no additional service is required. In this respect, he became eligible May 09 and the changes to DoDI coincide with the time of his retirement; therefore, he would in fact be eligible to transfer his education benefits to his dependents. He is asking that the board please reinstate these benefits for him and his family.
In support of his appeal, the applicant provides a copy of DoDI 1341.13, dated 31 May 13.
The applicants complete submission, with attachments, 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, nor did he inquire with the Total Force Service Center (TFSC) according to the Right Now Technology regarding his TEB until 18 Sep 14.
The applicants Total Active Federal Military Service Date (TAFMSD) is 8 May 89. 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.
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 B.
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). Additionally, based on his Retirement
Pre-Separation Checklist, Section 2 Montgomery and Post-9/11 GI Bill Counseling, the applicant indicated he understood and acknowledged that certain enrollment actions, such as the transfer of benefits, are only available to him while he is on active duty. According to current law and instruction, and due to the fact that there is no evidence the applicant ever applied through DMDC, eligibility cannot be determined and the applicant cannot be approved for TEB.
If the BCMR feels an injustice has occurred and decides to approve the case, the applicants TEB approval date will be 31 May 13, the date the applicant retired as he would not have incurred any ADSC.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 10 Feb 15 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 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-2014-03864 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
XXXXXXXXXX
XXXXXXXXXX
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The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Sep 14,w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 20 Oct 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 Feb 15.
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