RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03839

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

He be authorized to transfer his Post-9/11 GI educational benefits (TEB) to his daughter. 

APPLICANT CONTENDS:

He signed up for the Post-9/11 GI Bill in Jul-Sep 2009 and transferred his benefits at that time.  He had just re-enlisted in 2008 for six years so he did not owe any additional time for TEB.  He never heard anything back, so he assumed it was approved.  On 24 Aug 15, he discovered his TEB request had been rejected when he entered “Milconnect” for a different reason.  He has already served over 20 years.  He is not sure what the disconnect was but his daughter should not have to pay for the error.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Apr 95, and currently serves on active duty in the grade of Master Sergeant.

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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  AFI 36-2306, Voluntary Education Program, cites the date of request as the date on which the appropriate service obligation would be applied.  According to the Defense Management Data Center (DMDC), there is no record the applicant applied for TEB in 2009.  The applicant applied for TEB on 9 Feb 12.  Based on the member’s Total Active Federal Military Service Date (TAFMSD), he would have incurred a 4-year active duty service commitment (ADSC) based upon TEB approval.  On 24 Feb 12, his application was rejected because he failed to sign the required statement of understanding (SOU) and secure the required retainability at the time of his application. 

The member does not provide sufficient evidence of an error or injustice on the part of the Air Force.  There is no evidence in DMDC the member applied for TEB in 2009; therefore, eligibility could not be determined. 

A complete copy of the AFPC/DP3SA, with attachment, 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 20 Jun 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 AFPC/DP3SA and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  The Board notes the applicant is still serving on active duty and remains eligible to apply for the requested benefit.  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-2015-03839 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Aug 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 13 Apr 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.