RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04365 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Active Duty Service Commitment (ADSC) for the Transfer of Educational Benefits (TEB) remain March 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: She originally applied for the Post-9/11 GI Bill TEB in March 2011. However, she later received a system generated email stating her application was not received and that she would incur a one year ADSC from the date of her application. She obtained the required retainability and assumed that this would take care of the application. She did not realize that she needed to sign an actual form until she received a subsequent email stating her application had expired and that she needed to re-apply and obtain additional retainability. She extended for the purpose of TEB. In support of her request the applicant provides copies of her AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU) and AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF) Air Force Reserve (AF Reserve) Air National Guard (ANG). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of senior master sergeant (E-8). Her Total Federal Active Military Service Date (TAFMSD) is 12 October 1993. On 12 August 2013, the applicant’s request for extension for the purpose of TEB was approved for a period of 15 months. Post-9/11 GI Bill Transferability: Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post- 9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance: Has at least six years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or 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 Air Force policy, DoD policy or statute from committing to four additional years (HYT, MEB/TDRL, etc.) of service and agrees to serve for the maximum amount of time allowed by such policy or statute. According to AFI 36-2306, Voluntary Education Program, the following options expired on 31 Jul 2012 Is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2012 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732. For those members eligible for retirement on 1 August 2009, no additional service is required. For those members who have an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service is required. For those members eligible for retirement after 1 August 2009 and on or before 1 August 2010, one year of additional service from the date of request is required. For those members eligible for retirement after 1 August 2010 and on or before 1 August 2011, two years of additional service from the date of request is required. For those members eligible for retirement after 1 August 2011 and on or before 1 August 2012, three years of additional service from the date of request is required. Retirees recalled to active duty may transfer unused Post- 9/11 GI Bill benefits with no additional service commitment. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant did not provide adequate justification or documentation. When a military member applies for TEB through “MilConnect,” there is a message which states "Your transfer request is not final until you digitally sign AF Form 4406.” Within 72 duty hours, a member will receive an AFPC email with “TEB incident” in the subject line, stating “Your AF Form 4406 is ready for signature. If you DO NOT receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP!" Additionally, the initial notification sent on 16 March 2011, clearly stated that the applicant must sign the AF Form 4406 in order for the application to be approved. She was also advised that if she had questions regarding the application she should respond to the incident in "My Account" using the “MyPers” website. Finally, without a TEB SOU, there is no agreement in accordance with AFI 36-2306, Voluntary Education Program, attachment 9, A9.18.1.2 [Has at least 6 years in the Armed Forces (active duty and/or Selected Reserve) on the date of request and agrees to serve an additional 4 years in the Armed Forces]. Therefore the applicant does not meet all eligibility requirements and the application must be denied. There is no record that the applicant inquired about the status of her application until an email was sent from Education Services advising her that her previous submission had expired and that she would need to reapply for TEB. The complete DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 29 October 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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. 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 the rationale expressed as the basis for our conclusion the applicant has failed to sustain her burden of proof that she has 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 BC-2013- 04365 in Executive Session on 1 July 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 August 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 27 September 2013. Exhibit D. Letter, SAF/MRBR, dated 29 October 2013. Panel Chair 4 4