RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01744

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His military records be corrected to show that he transferred his Post-9/11 GI Bill to his daughter.

APPLICANT CONTENDS THAT:

He transferred one year of benefits to each of his children.  He recently accessed the MilConnect website to transfer benefits to his daughter and noticed the transferability was revoked on 4 Nov 11.  He did not revoke the benefits and does not know how this mistake happened.  He wants the 36 months restored and given to his daughter.  

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

STATEMENT OF FACTS:

On 18 Oct 91, the applicant entered the Regular Air Force.

According to the Statement of Understanding (SOU), dated 10 Jan 12, the applicant acknowledged that he would forfeit transferred GI Bill benefits if the associated Active Duty Service Commitment (ADSC) had not been completed.   

On 1 Jun 12, the applicant voluntarily retired.  He was credited with 20 years, 7 months, and 13 days of active service.

Per Directive Type Memorandum (DTM), Post-9/11 GI Bill, dated 22 Jun 09, for individuals eligible for retirement on or after 1 Aug 11, and before 31 Jul 12, three years of additional service is required.

As the applicant served on active duty since 11 Sep 01, he is entitled to transfer Post-9/11 GI Bill educational benefits in his own right.  The applicant’s request to transfer benefits was approved on 2 Sep 09, incurring an ADSC of 1 Sep 12.   

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.  The applicant was approved for TEB effective 2 Sep 09 and incurred an ADSC to 1 Sep 12 in accordance with AFI 36-2306, Voluntary Education Programs, Attachment 9, A9.18.1.4.5.  He voluntarily retired prior to fulfilling his TEB obligation/ADSC; therefore, he is ineligible to transfer benefits.  To grant relief would be contrary to the criteria established by AFI 36-2306, Attachment 9 and PSDM 11-98, FY12 Enlisted Voluntary Force Management Programs.

PSDM 11-98 states “Airmen who leave the Air Force under this voluntary separation program without completing their Post-9/11 GI Bill ADSC forfeit the transferred benefit, and any benefits that dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs.”  The applicant acknowledged/signed the SOU for Airmen applying for retirement/separation under the Force Management Program.    

A complete copy of the AFPC/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 29 Oct 15 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-2015-01744 in Executive Session on 26 May 16 under the provisions of AFI 36-2603:

					 , Panel Chair
					, Member
					  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 4 Jun 15,
  w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 15.