RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02203

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect he requested transfer of his Post-9/11 GI Bill benefits to his dependents on 1 August 2009.   

APPLICANT CONTENDS THAT:

He was advised by the personnel flight that as a United States Air Force Academy (USAFA) graduate he was ineligible for any GI Bill benefits.  He would have been eligible to request TEB and complete the required service obligation had he been properly made aware.  He requests his records be corrected to reflect he applied for Transfer of Education Benefits (TEB) on 1 August 2009.  

The Air Reserve Personnel Center (ARPC) education program manager informed him that they had tried to brief all personnel regarding TEB but did not make it to the North Carolina Air National Guard (NCANG).  She stated the NCANG personnel flight may have been overwhelmed by the volume of information on the Department of Veterans Affairs (DVA) website and missed that USAFA graduates were eligible for the Post 9/11 GI Bill and TEB.

In 2014, he talked to a USAFA graduate who was approved for TEB and he was given a pamphlet which stated he was eligible.  He could have completed the service obligation prior to his retirement if he was properly informed about TEB when he first inquired about it in 2009.

In December 2014, he found out he was not selected for promotion.  He was prepared to stay until his 28-year Mandatory Separation Date (MSD) in 2016; however, he was faced with personal and professional challenges and could no longer spend five or more days per month flying and doing his military duties.  He looked for an Individual Mobility Augmentee (IMA) job that required less time but recent drawdowns made finding these jobs difficult.  This left retirement in 2015 as his only option.

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

STATEMENT OF FACTS:

The applicant was placed on the Retired Reserve List effective 17 June 2015 in the grade of lieutenant colonel (O-5).  

According to the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), dated 2 June 2014, the applicant was approved for TEB on 3 June 2014.  The SOU, Item 1. Service Obligation, states “In accordance with Title 38 U.S.C., Chapter 33 and AFI 36-2306. I will incur a service obligation of 4 years and a Reserve Service Commitment (RSC) will be updated in my records effective from date of application in the Defense Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) website and reported to DVA.”   

DODI 1341.13, Post-9/11 GI Bill, Enclosure 3, Paragraph 3, states: 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 her or she has at least 10 years of service in the Military Services (active duty or Selected Reserve) on the date of approval, is precluded by either standard policy (Service or DOD) statute from committing to four additional years, 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:

ARPC/DPTT recommends denial.  The TEB was contingent upon the applicant’s completion of the incurred four year service commitment.  This was briefed via the SOU which was signed by the applicant prior to approval.  Therefore, the applicant’s Post-9/11 GI Bill should not be backdated to 1 August 2009 and should not be approved.  To grant relief would be contrary to the criteria established by DOD 1341.13.   

The applicant’s statement he was erroneously advised he was ineligible for any GI Bill as a USAFA graduate cannot be confirmed.  Since 1 January 1977, graduates of a service academy have not been eligible for any GI Bill Program.  It would be understandable to assume the same restriction would hold for the Post-9/11 GI Bill; however, this program has different eligibility standards which was widely advertised from the beginning.  Members or counselors could easily verify eligibility information by going to the VA website.  The applicant was eligible for the Post-9/11 GI Bill as of 1 August 2009 and remains eligible to use the benefit himself but is ineligible to transfer the benefit to his dependents.  

A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 June 2016 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.   Having carefully reviewed the complete application, we note per DODI 1341.13, the applicant became ineligible for TEB when he requested voluntary retirement.  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-2015-02203 in Executive Session on 29 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 May 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 20 January 2016,
  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 24 June 2016.  

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.