RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04860 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill education benefits to his son retroactive to the start of the program (August 2009) with time served and no Active Duty Service Commitment (ADSC). ________________________________________________________________ APPLICANT CONTENDS THAT: The advice he received at both inception of the program and during several transition assistance program sessions was that since he was near retirement eligibility (August 2011), he would not have to apply until retirement because he would not incur an ADSC. However, in a subsequent phone conversation, he was informed that he received erroneous advice and there was much confusion and erroneous information with the program. Because he continuously received incorrect/confusing information from counselors, he did not apply in a timeframe which would have allowed a seamless transfer of Post 9/11 GI Bill benefits to his dependents. Had he known the correct information, he could have applied at the inception of the program and his service obligation would have been met with his subsequent service. The applicant does not provide any additional evidence in support of his appeal. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired effective 1 October 2013. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial and states the applicant initially contacted the Total Force Service Center (TFSC) on 22 March 2011. He inquired about how much retainability he needed if he applied on that day. The response to him was three years based on his Total Active Federal Military Service Date of 20 August 1991. The applicant submitted his application on 21 March 2011 and on 6 April 2011, received an email that his application for TEB had expired. On 17 May 2011, the applicant attended a pre- separation briefing and indicated on his checklist that he desired counseling on the MGIB/Post-9/11 GI Bill. On 6 September 2012, the applicant contacted the TFSC and asked: “If I were to do my TEB now, how much of an ADSC would I incur?” TSFC notes indicate: “Spoke with member concerning the fact that he is over 20 years and he states that he would like to speak with a TEB expert to address his concerns, he will try back either this afternoon or in the morning, as there were no agents available.” The applicant later called and stated that he was told he needed four years retainability and requested to speak with someone about a way to apply without a three-year commitment. He was contacted by the point-of-contact who told him that he was eligible to sign-up and that his Obligation End Date for ADSC would be 31 March 2015. However, the applicant never signed up. DPSIT states the applicant’s appeal is not supported with evidence that he was a victim of an error or injustice. He had numerous opportunities to sign-up for the TEB program and failed to do so. He states it was his intent to transfer his benefits in August 2009 when the program started, but there is no documentation to support that claim. The notes in the Right Now Technology (RNT) clearly indicates the applicant’s initial contact concerning TEB was in March 2011 and at that time he submitted an application, but never followed through with signing the Statement of Understanding (SOU). Without the SOU, the TFSC has no idea if the applicant agrees to the three year ADSC required with the TEB. The complete DPSIT evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He has given his time, safety, and health for as long as he could. As the Air Force is the arbitrator of the technical details of awarding the TEB in his situation, he is asking that his military record be corrected to reflect his time served as of the inception of the program be used in order to satisfy the time requirement that existed at the start of the program and thus qualify him to transfer his Post-9/11 GI Bill education benefits to his son. The applicant’s complete rebuttal is at Exhibit E. ________________________________________________________________ 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 find insufficient evidence of an error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been adequately rebutted by the applicant; most notably, that he did not complete and return the required Statement of Understanding. 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-2013-04860 in Executive Session on 27 June 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2012-04860: Exhibit A. DD Form 149, dated 30 Sep 13. Exhibit B. Letter, AFPC/DPSIT, dated 12 Dec 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 2 May 14. Exhibit D. Letter, Applicant, not dated. 3 4 5