RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02518 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post- 9/11 GI Bill educational benefits while on active duty. ________________________________________________________________ APPLICANT CONTENDS THAT: While on active duty he followed the instructions to request Transfer of Education Benefits (TEB); however, there is no record of the transaction. He was issued a new Common Access Card (CAC) after he retired and entered civil service and no longer has access to any e-mails or documents proving he elected TEB. He made his TEB election on the Veterans On-Line Application (VONAPP) and verified the transaction was in the system prior to leaving active duty. He made sure he followed the instructions and performed his due diligence on the TEB application as he has five dependents and has a vested interest. He checked and verified the transaction and trusted VONAPP would retain a record of his transaction for future reference. He cannot explain why the information is no longer available in his records. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 13 May 1988 and was progressively promoted to the grade of Senior Master Sergeant (SMSgt). He was retired 31 Jul 2011 after serving 23 years, 2 months and 18 days on active duty. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill, and: * Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. * Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or * Is or becomes retirement eligible during the period from 1 Aug 2009 through 1 Aug 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. * For those individuals eligible for retirement on 1 Aug 2009, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. * For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, 1 year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, 2 years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, 3 years of additional service after approval of transfer required. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant states all requirements for TEB were completed; however, he went through VONAPP. The guidance from the Department of Veterans Affairs (DVA) website clearly states any submission for TEB is a non-DVA link; and the applicant had access to this information as the DVA’s website is also where VONAPP is accessed. Additionally, the applicant never initiated a TEB application according to the Defense Data Management Center (DMDC) and the Right Now Technology (RNT); nor did he contact the Total Force Service Center (TFSC) to inquire about his application status. Finally, the applicant declined counseling for education benefits as identified on his DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members. The complete DPSIT evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 24 Jul 2013, a copy of the Air Force evaluation was provided to the applicant for review and comment within 30 days. As of this date, this office has not received a response (Exhibit C). ________________________________________________________________ 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 the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has 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-2013-02518 in Executive Session on 28 May 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence in AFBCMR Docket Number BC- 2013-02518 was considered: Exhibit A. DD Form 149, dated 17 May 2013. Exhibit B. Letter, AFPC/DPSIT, dated 26 Jun 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 24 Jul 2013. Panel Chair