RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03454

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The transfer of his Post-9/11 GI Bill to his dependent be reinstated and the debt incurred waived.

APPLICANT CONTENDS THAT:

He was approved to transfer his Post-9/11 GI Bill benefit at 100% and was later denied without notice.

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

STATEMENT OF FACTS:

On 15 Jun 10, he applied to transfer his Post 9/11 Education Benefits to his dependent with a 2-year Reserve service commitment.

On 23 Jun 10, he signed the Transfer Education Benefit (TEB) Statement of understanding indicating he understood the service commitment.

On 16 Oct 10, the applicant retired, at which time, he had not fulfilled his service commitment.

Effective 16 Oct 10, the applicant was assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List via Reserve Order EK-3593.

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 indicating there is no evidence of an error or an injustice.  

The initial approval for transfer of the Chapter 33, Post-9/11 GI Bill was contingent upon the applicant’s completion of the 2-year Reserve service commitment.  This was briefed via the Statement of Understanding which was signed by the applicant prior to approval.  Therefore, the applicant’s Post-9/11 GI Bill that was transferred to his dependent should not be reinstated and the debt incurred should not be waived.

To grant relief would be contrary to the criteria established by DOD Instruction 1341.13, 31 May 13.  Should the Board elect to grant the request, the initial transfer request would be approved despite the Reserve service commitment.

A complete copy of the ARPC/DPTT 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 Feb 16 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-2015-03454 in Executive Session on 13 December 2016 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03454 was considered:

	Exhibit A.  DD Form 149, dated 8 Aug 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 9 Dec 15.
	Exhibit D.  Letter, AFBCMR, dated 2 Feb 16.

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.