RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02402

 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

His records be corrected to reflect he did not revoke the transfer of his Post-9/11 GI Bill Educational Benefits to his wife.

APPLICANT CONTENDS THAT:

He did not intend to revoke his Transfer of Education Benefits (TEB).  He was under stress and the revocation was a result of human error.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 30 April 2013, the applicant was transferred to the Retired Reserve List in the grade of Staff Sergeant (SSgt, E-5). 

According to the applicant’s Defense Manpower Data Center (DMDC) record, his service obligation end date for TEB was 14 August 2013.  The DMDC record also shows he revoked TEB for two of his dependents on 5 January 2013 and another dependent on 9 January 2011.    

Per Directive Type Memorandum (DTM), Post-9/11 GI Bill, dated 22 June 2009, Individuals eligible for retirement after 1 August 2012 require four years of additional service upon approval for TEB.  

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 applicant did not fulfill the service commitment required to retain the ability to transfer the Post-9/11 GI Bill benefit.  The applicant also made a conscious decision to revoke the TEB to his dependents on two separate occasions before retiring.  

The applicant revoked benefits for one dependent on 11 January 2011 [sic].  The benefits for the other two dependents were revoked on 5 January 2013.  The applicant retired on 30 April 2013 with zero months allocated to each of his dependents and was also four months short of completing the 14 August 2013 Reserve Service Commitment (RSC).  In accordance with DODI 1341.13, Post-9/11 GI Bill, dated 31 May 2013, Enclosure 3, “An individual may not add family members to a transfer request after retirement or separation from military service.”

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was pressured to retire or be discharged for Fitness Assessment (FA) failure after having served 19 years of service and having several physical ailments in which he had medical waivers.  Under any other circumstance, he would have fulfilled his service commitment.  He previously transferred all 36 months of his benefits to his family.  

He provides proof that his wife attained certificates and in January 2011, she enrolled in Virginia College.  She has nine   university college core classes remaining.     

He would be grateful if the Board would waive his four remaining months of his service commitment and reverse the revocation of the last seven months and 28 days of his Post-9/11 GI Bill benefits.  

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

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, to include his rebuttal response, 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 or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
 
4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02402 in Executive Session on 26 May 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 June 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 5 November 2015, 
			  w/atchs.  
	Exhibit D.  Letter, AFBCMR, dated 2 December 2015.
	Exhibit E.  Letter, Applicant, dated 28 November 2015 
			  [sic], w/atchs.