RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02604

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be able to execute a Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He transferred his benefits sometime in 2009 but due to a clerical error, the records now show his dependents are ineligible.  He is unable to locate records to support his request.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Jun 87.  

On 1 Jun 11, the applicant retired and was credited with 24 years of active service.   

Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 Aug 09 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or

Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

As the applicant was eligible for retirement prior to 1 Aug 09, he would not have incurred an active duty service commitment (ADSC) if he had transferred his benefits on the required date.

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.  There is no record the member applied for TEB in the Defense Manpower Data Center (DMDC) database.  Additionally, he did not inquire with the Total Force Service Center regarding his TEB status until 2 Jun 15, according to the Right Now Technology.  As there is no evidence he applied through DMDC, his eligibility for the program could not be determined.  DODI 1341.13 (3.a.) and AFI 36-2306 (A9.18.9.3) cite the date of request is the date on which the appropriate service obligation would be established.  Since there was not request, a TEB application could not be approved. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that he served his country for 24 years and hopes this one error could be remedied to the satisfaction of all parties involved.  Even though he fully understands there is no record of any application for the transfer of these benefits on his part, he asks the Board to take all the facts into consideration and grant his request.  

A complete copy of the applicant’s rebuttal 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 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-2015-02604 in Executive Session on 29 Sep 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02604 was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 6 Aug 15.
	Exhibit D.  Letter, AFBCMR, dated 4 Nov 15.
	Exhibit E.  Applicant Rebuttal, dated 8 Dec 15.

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.