RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-05563
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependents.

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APPLICANT CONTENDS THAT:

When the transfer available date was first presented in 2008 he 
was at the Non-Commissioned Officer (NCO) Academy and thought he 
filled out all required paperwork to transfer his benefits to 
his dependents - but he never received verification.  He tried 
again in 2010 and was not approved.

In support of the applicant’s appeal, he submits a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty and VA Form 21-674, Request for Approval of School 
Attendance.

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 31 January 2012, the applicant was relieved from active duty 
and retired on 1 February 2012 under the provisions of AFI 36-
3203 (Vol Retirement Sufficient Service for Retirement).  He 
served 20 years and 27 days on active duty.

Any member of the Armed Forces on or after 1 August 2009, who, 
at the time of the approval of the individual's request to 
transfer entitlement to educational assistance under this 
section, is eligible for the Post-9/11 GI Bill, has at least 
6 years of service in the Armed Forces (active duty and/or 
Selected Reserve) on the date of election and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election.





The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states it seems the 
applicant never made the attempt to follow through with 
obtaining the retainability for the TEB.  He was sent an email 
on 24 March 2010 stating that he would incur an Active Duty 
Service Commitment (ADSC).  Failure to submit the required 
documentation or obtain retainability in a timely manner would 
result in a disapproval of an application for transferability.  
The applicant stated he filled out the paperwork in 2008, this 
was impossible as the program was not available until 1 August 
2009.  On 7 April 2010, the applicant was sent another email 
stating that his TEB had expired because he did not get the 
required retainability.  The applicant was informed that his 
application was rejected due to failure to obtain required 
retainability.  There has been no injustice to the extent that 
the applicant did not receive adequate counseling as required by 
law and DoD regulation.

The DPSIT complete evaluation, with attachments, is at Exhibit 
B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 December 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

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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.  The 
applicant’s contentions are duly noted; 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 that 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.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05563 in Executive Session on 24 September 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05563 was considered:

  Exhibit A.  DD Form 149, dated 26 December 2012, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIT, dated 11 December 2012.
  Exhibit C.  Letter, SAF/MRBR, dated 21 December 2012.





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