RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05084

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His spouse be granted the ability to utilize the Post 9/11 GI Bill Educational Benefit.

APPLICANT CONTENDS THAT:

While on Active Duty, on or about 6 April 2015, he transferred 18 months to his spouse through the MyPers Utility.  When she applied for the benefit she was denied and informed there was no benefit available.  He believes there was a mistake with the MyPers Utility on processing his transfer of the benefit.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 28 Mar 94, the applicant initially entered the Regular Air Force.

On 26 Jul 11, the applicant was approved to transfer education benefits (TEB) to his dependents.

On 17 Jan 12, the Statement of Understanding was signed and submitted.

On 31 Jul 15, the applicant was furnished an Honorable Discharge, and was credited with 21 years, 4 months, and 3 days of active service.

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 B.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial indicating there is no evidence of an error or an injustice.

Since the inception of the TEB website, when a member submits a TEB request and does not allocate months of benefits to a dependent, a message appears which states:

“Warning: You have one or more eligible family members to whom you have not transferred months. If you do not transfer months to these individuals before you separate from the Armed Forces, you will not be able to do so afterwards. These family members will no longer be eligible for transferred educational assistance. Would you like to continue submitting your transfer request?”

Two options are provided: a) OK [submits the request for approval in MilConnect] or b) Cancel [allows the member to make changes prior to submission]. The member selected the option to submit his request and was approved. When the member retired effective 1 Aug 15, dependents with zero months allocated became ineligible as he did not allocate at least one month of benefits in accordance with (IAW) AFI 36-2649, Voluntary Education Program, Attachment 9, A13.18.7.2.3.

The applicant’s Total Active Federal Military Service Date is 28 Mar 94.  He was approved for the TEB to his dependents on 26 Jul 11 and incurred a four year commitment.  He allocated 36 months to the dependent child and 0 months to the spouse.  He retired effective 1 Aug 15.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 Jun 16 for review and comment within 30 days (Exhibit C).  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.  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-2015-05084 in Executive Session on 30 Mar 17 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05084 was considered:

	Exhibit A.  DD Form 149, dated 30 Nov 15.
	Exhibit B.  Memorandum, AFPC/DP3SA, dated 16 Mar 16.
	Exhibit C.  Letter, SAF/MRBR, dated 15 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.