RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02578

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependent.

APPLICANT CONTENDS THAT:

In August 2012, he requested a transfer of his education benefits to his daughter.  He went to the Langley AFB Education Center and spoke with an advisor regarding the steps to transfer his benefits.  The advisor instructed him to fill out the appropriate forms and he complied.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 21 June 1993.  Based on his TAFMSD, he would have incurred a four year Active Duty Service Commitment (ADSC) with TEB approval.

The applicant was relieved from active duty on 28 October 2012 and retired on 29 October 2012 in the grade of technical sergeant under the provisions AFI 36-3212 (Disability, Permanent - Enhanced).  He served 19 years, 4 months and 8 days on active duty.

Per AFI 36-2306, Voluntary Education Program, Attachment 9, paragraph A9.18.1.3 - A member who has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either Air Force policy, DoD policy or statute from committing to 4 additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute

Per AFI 36-2306, Voluntary Education Program, Attachment 9, A9.18.7.1 - A member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.

Per Directive Type Memorandum (DTM) 09-003, Post 9/11 GI Bill, dated 22 June 2009, Individuals must serve on active duty on or after 11 September 2001 for at least 30 continuous days with a discharge due to a service-connected disability; or an aggregate period ranging from 90 days to 36 months or more.  Failure to complete service agreement is waived if the member is discharged or released from active duty or selected reserve for a physical or mental condition that did not result from the individual’s own misconduct but did interfere with the performance of duty.

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.

To apply for TEB, members must access the MilConnect website.  There is no evidence the applicant applied for TEB via MilConnect.  The applicant attended a Pre-Separation Counseling briefing on 26 June 2012 and indicated he wanted Post-9/11 GI Bill education benefits counseling on his DD Form 2648, Preseparation Counseling Checklist.  Additionally, the applicant was on Assignment Availability Code 37 (Medical Evaluation Board) preventing him from securing the required retainability.  The applicant provides no evidence there was an error on injustice on the part of the Air Force.

A complete copy of the AFPC/DPSIT 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 6 November 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 and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  We note that the applicant’s record is absent any evidence that he applied for TEB or had an approved application.  Additionally, had the applicant applied via MilConnect, he would have been unable to satisfy the four year active duty service commitment associated with TEB due to his assignment availability code related to his ongoing medical evaluation board.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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-2015-02578 in Executive Session on 21 October 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02578 was considered:

	Exhibit A.  DD Form 149, dated 6 September 2012.
	Exhibit B.  Applicant’s Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSIT, dated
  26 June 2015, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 6 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 pertaining to AFBCMR Docket Number BC-2015-02578.