RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04637

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill Education Benefits (TEB) to his dependent.

APPLICANT CONTENDS THAT:

During his transition briefing, he was told he would be able to transfer his Post 9/11 GI Bill upon his Expiration of Term of Service.  He believed he was erroneously counseled and was not informed of the transfer rule by the transition personnel.

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

STATEMENT OF FACTS:

On 21 Sep 82, the applicant initially entered the Regular Air Force.

According to the Defense Manpower Data Center application, there is no record the applicant applied for TEB.

On 1 Apr 11, the applicant was furnished an Honorable discharge, and was credited with 28 years, 6 months, and 10 days of active service.

Based on the applicant’s TAFMSD (21 Sep 82), he would have incurred no Active Duty Service Commitment with TEB approval.

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.

The applicant contends he was erroneously briefed during his Transition Assistance Program (TAP) briefing and was counseled his Post-9/11 GI Bill benefits could be transferred after retirement.

There is no record in the Defense Manpower Data Center (DMDC) the member applied for TEB.  Nor did he, according to the Right Now Technology, inquire with Total Force Service Center (TFSC) personnel regarding the TEB program prior to retirement.  Therefore, eligibility for the program could not be established, as DoDI 1341.13, Post-9/11 GI Bill (Enclosure 3, 3.a.) and AFI 36-2306, Voluntary Education Program (A9.18.9.3) cite the date of request as the date on which the appropriate service obligation would be applied.  Without a request, a TEB application cannot be approved.

A complete copy of the AFPC/DP3SA 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 9 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 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 or injustice.  In this respect, there is no record in the Defense Manpower Data Center (DMDC) the member applied for TEB.  Nor did he, according to the Right Now Technology, inquire with Total Force Service Center (TFSC) personnel regarding the TEB program prior to his retirement.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-04637 in Executive Session on 15 Feb 17 under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04637 was considered:

	Exhibit A.  DD Form 149, dated 19 Oct 15, w/atchs .
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 8 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 9 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified 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.