RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02024

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be approved for transfer of his Post-9/11 GI Bill benefit.

APPLICANT CONTENDS THAT:

He applied for and was notified of the approval for Transfer of Education Benefit (TEB) while on active duty.  

He never intended on taking college level classes and transferred the benefit immediately after being approved for TEB in October 2010.  After checking the website numerous times, he received notification of TEB.

He retired believing the benefits were in-place for his dependents.  He recently went into the Department of Veterans Affairs (DVA) system to increase the number of months for his son and learned all three of his dependents were listed as ineligible for TEB.  The dependents are listed in the Defense Enrollment Eligibility Reporting System (DEERS).  He was advised by AFPC to submit a DD Form 149, Application for Correction of Military Record.   

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

STATEMENT OF FACTS:

The applicant retired on 1 September 2012 in the grade of Chief Master Sergeant (CMSgt, E-9) with a compensable percentage for physical disability of 50 percent.  He served 26 years, 1 month and 6 days of active duty service.  

Per DoDI 1341.13, Post-9/11 GI Bill, Any service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she has at least six years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve four additional years in the Military Services, NOAA Corps, or PHS from the date of election.  For individuals eligible for retirement on 1 August 2009, no additional service is required.  An individual approved to transfer entitlement to educational assistance may transfer such entitlement to a family member only while serving in the military services (active duty or Selected Reserve). 

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 B.    

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant does not provide sufficient evidence he applied for TEB prior to retirement; therefore, eligibility could not be determined.  

There is no record in the Defense Manpower Data Center (DMDC) he applied for TEB.  Without a request, eligibility for the program could not be established per DODI 1341.13 and AFI 36-2306, Voluntary Education Programs.  Based on the applicant’s Total Active Federal Military Service Date (TAFMSD) of 25 July 1986, no Active Duty Service Commitment (ADSC) would have been incurred with TEB approval.  

A complete copy of the AFPC/DPSIT evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He does not know why there is no record of him attempting TEB prior to his retirement.  His efforts to retrieve TEB are honest and forthright.  He knows of others who have been approved for TEB although they did not make the transfer while on active duty and provides a letter and documentation from one individual who had their request for TEB administratively approved by AFPC/DPSIT in BC-2012-02175.  The letter states due to the infancy of the Post-9/11 GI Bill and terminal leave, they were unable to request the transfer prior to their 1 September 2009 retirement.  In a letter dated 8 June 2012, AFPC/DPSIT informed the applicant the request for TEB was administratively corrected to reflect the request for TEB.  

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

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.  The applicant asserts relief is warranted based on precedence and cites BC-2012-02175 in support of his request.  However, we disagree.  Every case before this Board is considered on its own merit since the circumstances of each case are seldom identical.  After a careful review of BC-2012-02175, we find it distinguishable from the applicant’s request.  In this respect, we note the applicant in BC-2012-02175 was on terminal leave on 1 August 2009, when TEB was announced, and was not afforded an opportunity to request TEB prior to her 1 September 2009 retirement.  However, the applicant in this case did not retire until 1 September 2012 and was afforded sufficient time (three years) to request TEB but failed to do so.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In view of the above and 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-2015-02024 in Executive Session on 29 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02024 was considered:

	Exhibit A.  DD Form 149, dated 10 May 2015, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSIT, dated 24 August 2015.
	Exhibit C.  Letter, AFBCMR, dated 12 November 2015.
	Exhibit D.  Letter, Applicant, dated 30 November 2015.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.