RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02724 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post- 9/11 GI Bill educational benefits to his dependents on 10 Feb 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: On 10 Feb 2011, he applied and received approval for Transfer of Education Benefits (TEB). He obtained the retainability and signed the Statement of Understanding (SOU). He was reassigned to Sigonella NAS, Italy after submitting his TEB request. He had a Navy e-mail account and did not receive any messages regarding his TEB request. In Apr 2013, he received an e-mail stating he needed to reapply for his TEB. In May 2013, he reenlisted in case his request is not approved by the Board. His original plan was to retire in three years when his daughter graduates so she can start using this benefit. In support of his request, the applicant provides a copy of his Department of Veterans Affairs (DVA) Application for VA Education Benefits, MilConnect TEB request and other various documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 8 Jan 1993 and is currently on active duty serving in the grade of Senior Master Sergeant (SMSgt). His Date of Separation (DOS) is 19 May 2018. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, who is eligible for the Post-9/11 GI Bill, and: * Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. * Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or * Is or becomes retirement eligible during the period from 1 Aug 2009 through 1 Aug 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. * For those individuals eligible for retirement on 1 Aug 2009, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. * For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, 1 year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, 2 years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, 3 years of additional service after approval of transfer required. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant did not provide adequate justification or documentation. He states he was assigned to Sigonella NAS after submitting his TEB application; however, he was assigned there on 3 Jun 2009 and applied for TEB on 10 Feb 2011. Therefore, this is not a situation where the applicant was reassigned shortly after applying for TEB. Prior to the applicant reaching the MilConnect website to submit his TEB request, he would have gone through the Virtual Military Personnel Flight (vMPF). Prior to being able to access the Self-Service Actions, he would have been asked to verify his e- mail and phone number. Had the applicant correctly completed this step, he would have received two e-mails from the Total Force Service Center (TFSC). The first would have been the initial notification instructing him of the required actions and the second would have been the rejection of his TEB. Additionally, when the applicant applied through MilConnect, there would have been a message from his service component stating that his TEB is not final until AF Form 4406, Post 9/11 GI Bill Transfer of Education Benefits Statement of Understanding; is digitally signed. Within 72 duty hours, he would have received an e-mail from the Air Force Personnel Center (AFPC) advising him that his AF Form 4406 was ready for signature and to contact the TFSC if he did not receive the SOU. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He is awaiting the Board’s decision to submit his retirement application. He is currently on the Enlisted Retention Review list for possible separation this year due to an overage in his Air Force Specialty Code (AFSC) and rank. Due to a recent death in his family, he is trying to retire as soon as possible rather than waiting on the retention board results in Jul 2014. If he elects retirement prior to the Board’s decision, he will lose this education benefit for his children. The applicant’s complete response is at Exhibit C. ________________________________________________________________ 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. 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 the rationale expressed as the basis for our conclusion that 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 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 Docket Number BC-2013-02724 in Executive Session on 28 May 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 May 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 12 Jun 2013. Exhibit C. Letter, SAF/MRBR, dated 21 Jun 2013. Exhibit D. E-mail, Applicant, dated 10 Apr 2014. Panel Chair