RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02687

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill Transfer of Educational Benefits be backdated to March 2010.

APPLICANT CONTENDS THAT:

He was assigned to a geographically separated unit as a Reserve Officer Training Corps (ROTC) instructor while deployed to Iraq and deferred his GI Bill benefits to his dependents in 2010.  He worked with the education center at McConnell Air Force Base (AFB) and the Veterans Affairs (VA) call center to get it updated.  He thought the process was complete in the system after speaking with the VA rep.

He then moved to Joint Base McGuire-Dix-Lakehurst and was in and out of Africa for three years, then deployed for another year to Afghanistan.  Upon his return, he was twice passed over for promotion and trying to retire.

His oldest daughter was starting college and he thought the GI Bill was good for her to use, but was told he was not enrolled, and did not have the retention to enroll at that time.  He served over 20 years combined in the Army and Air Force and deployed to over 15 countries, to include twice to Iraq and a year in Afghanistan.

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

STATEMENT OF FACTS:

On 11 May 01, the applicant was commissioned in the Regular Air Force.

On 17 Jun 16, the applicant signed a Statement of Acceptance/Declination for Further Selective Continuation to 24 Years Active Commissioned Service for Majors in a Critical Skill (P0516B), accepting continuation on active duty to 24 years Total Active Federal Commissioned Service.

On 26 Jul 16, the applicant signed the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, agreeing to a four-year Active Duty Service Commitment.

The applicant is currently serving on active duty with the Regular Air Force.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

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

There is no record in the Defense Manpower Data Center (DMDC) the member applied for TEB in 2010, and he did not submit evidence to support his claim.  DMDC records show the member applied for TEB via MilConnect on 25 Jul 16 and was approved on 27 Jul 16.  Member’s SOU states: “I will incur a service obligation of 4 years and an Active Duty Service Commitment (ADSC) will be updated in my records effective from the date of application in the Defense Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) website…”

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 29 Dec 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 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-2016-02687 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02687 was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 16.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 6 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 29 Dec 16, w/atch.

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 regarding AFBCMR Docket Number BC-2016-02687, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.