RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02959

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Post 9/11 GI Bill Transfer of Education Benefits (TEB) be 
properly updated in the system and approved.


APPLICANT CONTENDS THAT:

Prior to beginning terminal leave in Oct 2009, he transferred 
education benefits to his four children.  When his children 
requested benefits, there were denied so he believes the 
transfer request was not properly updated in the system.

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


STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 Jun 89.  

According to the Retirement Application List from the vMPF, page 
7 documents the applicant completed Congressionally Mandated 
Preseparation Counseling on 8 Jul 09, in which he received 
information on education benefits.

On 31 Jan 10, the applicant was relieved from active duty and 
retired, effective 1 Feb 10.  He was credited with 20 years, 7 
months and 3 days of active service.   


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating the applicant failed to 
provide any supporting documentation to support an injustice.  
There is no record in the Defense Manpower Data Center system 
that the member applied for TEB in August 2009; 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, The Air Force Education Services Program, Attachment 9, 
A9.18.1.2, A9.18.1.3 and A9.18.1.4).  Without a request, a TEB 
application cannot be approved.     

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 10 Oct 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 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 an 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 of injustice.  
While we acknowledge the applicant’s request to have his Post-
9/11 GI Bill transfer of education benefits updated in the 
system and approved, he does not provide any evidence showing he 
applied and was approved for transfer of education benefits 
through the milConnect website as required by law and 
regulation.  In this respect, we do not believe he has 
demonstrated evidence of an injustice, as compared to others in 
his similar situation.  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-2014-02959 was considered:

	Exhibit A.  DD Form 149, dated 8 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 27 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 14.