RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05173 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: While on active duty he was misinformed about the TEB regarding his dependents. He was instructed that his dependents were not eligible for the benefits unless he served more than six years on active duty or currently serving in an active status. He has also been informed that under current legislation he is now eligible. The applicant provides no documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 1 September 2009, the applicant was honorably released from active duty and transferred to the Air Force Reserve. He served a total of 5 years, 8 months, and 23 days on active duty. Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. AIR FORCE EVALUATION: DPSIT recommends denial. DPSIT states AFI 36-2306, Attachment 9, A9.18.1.2 states “Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Air Force from the date of request.” The applicant’s DD Form 214 reflects 5 years, 8 months and 23 days of total service. Because the applicant did not meet the minimum service obligation to utilize TEB, they can only recommend denial. They find there has been no injustice to the extent that the applicant did not receive adequate counseling as required by law and DoD regulation. The DPSIT complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 December 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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. The applicant’s contentions are duly noted; 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 that the applicant is ineligible for TEB since he did not meet the minimum service obligation. Therefore, we find no basis to recommend granting the relief sought. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an 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-2012-05173 in Executive Session on 12 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 November 2012. Exhibit B Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 14 November 2012. Exhibit D. Letter, SAF/MRBR, dated 10 December 2012. 2 3