RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02659 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent daughter. ________________________________________________________________ APPLICANT CONTENDS THAT: In 2009, he transferred his Post-9/11 GI Bill to his daughter; however, it was never approved. On 25 Feb 2013, he was medically retired and the Transfer of Education Benefits (TEB) was never transferred or approved. He completed the required three years Active Duty Service Commitment (ADSC); however, the Department of Veterans Affairs (DVA) has no record of the approval. In Sep 2013, his daughter starts school and without the approval of the TEB, she will not be able to attend college. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, a memorandum and his daughter’s birth certificate. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 25 Feb 2013, the applicant was medically retired. He served 18 years, 9 months and 17 days of active duty service. In accordance with Directive-Type Memorandum 09-003, any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post- 9/11 GI Bill, has at least 6 years of service in the Armed Forces on the date of election, and agreed to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (38 United States Code (USC) 3319(b)(1). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. AFI 36-2306, Voluntary Education Program, attachment 9, A9.18.7.1 states “A member approved to transfer entitlement under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.” There is no record in the TEB or Right Now Technology (RNT) that the applicant ever applied for TEB. He did not contact the Total Force Service Center (TFSC) until 17 May 2013 and was advised to submit an application to the Air Force Board for Correction of Military Records (AFBCMR) since he was retired and ineligible to be approved for TEB He did not provide adequate justification or documentation. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: DPSIT recommends disapproval; however, they do not have the facts. His daughter is suffering from Crohn’s Disease and without this approval she will not be able to go to school. He was medically retired at 19 years; done wrong by the Air Force; and now they are taking his Post-9/11 GI Bill benefits that he is entitled to. He had no way of knowing his TEB was not approved. He was instructed to complete the three extra years and the TEB would be approved. He is being done wrong again after serving 19 years of service and cannot send his daughter to college because of a system error that is beyond his control. He is not authorized retirement pay due to not completing 20 years of active duty service. He has been done wrong by the Air Force and there is nothing he can do about it and he accepts it. It is unacceptable for DPSIT to deny his request when he served the additional time that is required for approval. The applicant’s complete submission is at Exhibit D. ________________________________________________________________ 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 error or injustice. While the applicant states that he was instructed to complete three additional years and his request would be approved, he has not provided sufficient evidence to support his request. Therefore, 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 has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 BC-2013- 02659 in Executive Session on 28 Mar 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02659 was considered: Exhibit A. DD Form 149, dated 30 May 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 11 June 2013. Exhibit C. Letter, SAF/MRBR, dated 21 June 2013. Exhibit D. Letter, Applicant, dated 16 July 2013. Panel Chair 4 5