RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-01580

XXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Educational benefits to his dependents.

APPLICANT CONTENDS THAT:

He inquired about transferring education benefits to his spouse and was told he had to reenlist to be eligible to transfer the benefits.  He was going through a medical evaluation board; therefore, he did not have the option to reenlist and was told there were no other options so he never pursued transferring the benefits.  He recently inquired about transferring the benefits because he was told that options were available. 

Subsequently, the Total Force Service Center informed him that he had missed the deadline for medical retirees by two weeks.  He was never informed of this temporary eligibility.

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

STATEMENT OF FACTS:

On 30 August 2005, the applicant entered the Regular Air Force.

Via Special Order ACD-02219, dated 5 June 2014, the applicant was placed on the Temporary Disability Retired List effective 1 July 2014, in the grade of senior airman (E-4) with a compensable percentage for physical disability of 70 percent.  He was credited with 8 years, 10 months, and 1 day of active service.

Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or

Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

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 C. 

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice.  According to AFI 36-2306, Voluntary Education Program, four additional years of service is required to TEB.  The applicant could not secure retainability for approval due to an Assignment Availability Code 37 (Medical Evaluation Board) and a High Year of Tenure restriction (senior airmen 8 years of service).  Additionally, there is no record in the Defense Manpower Data Center the applicant applied to TEB.  Without a request, eligibility for the program could not be established as DoDI 1341.13, Post-9/11 GI Bill, and AFI 36-2306 cite the date of request as the date on which the appropriate service obligation would be established.

A complete copy of the AFPC/DPSIT evaluation, with attachment is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 October 2015, a copy of the Air Force evaluation was forwarded to the applicant 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 timely filed.

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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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 members of the Board considered AFBCMR Docket Number BC-2015-01580 in Executive Session on 5 April 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 2 April 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSIT, dated 18 June 2015, 
  w/atch.
Exhibit D.  Letter, SAF/MRBR, dated 28 October 2016.