RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02429

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to allow the transfer of his Post-9/11 GI Bill benefits to his daughter.  

APPLICANT CONTENDS THAT:

He had every intention to continue his education after retirement.  However, when the Air Force changed the high year tenure rule, it accelerated his retirement and he had to decide whether to work or attend school.  He chose not to continue with school.  

His daughter is on a very successful track to college and he would like her to be able to finish where he was not.  His sacrifice of a full career with the Air Force warrants an approval of allowing his daughter an opportunity to succeed.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 December 1986.  

On 31 January 2011, the applicant was furnished an honorable discharge, retired effective 1 February 2011, and was credited with 24 years and 2 months of active service.  

Since the applicant served on active duty since 11 September 2001, he was entitled to Post-9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependents, provided he met the prescribed active duty service commitment (ADSC).  However, for those members eligible for retirement on 1 August 2009, no additional service is required.  As the applicant was eligible for retirement prior to 1 August 2009; he would not have incurred an ADSC, if he had transferred his benefits.  

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.  The applicant failed to apply for TEB in MilConnect prior to retirement; therefore, eligibility could not be determined.  Specifically, there is no record in the Defense Manpower Data Center showing the applicant applied for TEB; nor did he inquire with the Total Force Service Center according to the Right Now Technology regarding TEB.  In addition, the applicant’s eligibility for the program could not be established, as the Department of Defense Instruction 1341.13, Post-9/11 GI Bill, and Air Force Instruction (AFI) 36-2306, Voluntary Education Program, cite the date of request for TEB as the date on which the appropriate service obligation would be applied.  Without a request, a TEB application cannot be approved.  

The TEB program has been in effect since 1 August 2009 and several media and public affair articles have been published to education members.  

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 2 December 2015 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 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 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-2015-02429 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 5 May 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 30 June 2015.  
	Exhibit D.  Letter, AFBCMR, dated 2 December 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.