RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05233
			COUNSEL:  NONE
	XXXXXXXXXX	HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) be changed to reflect 
that he applied for the Transfer of Educational Benefits (TEB) in 
2009.


APPLICANT CONTENDS THAT:

In 2009, he accomplished all the documentation to include the TEB 
Statement of Understanding (SOU) during a group session sponsored 
by the wing.  He was assured by the staff that no additional 
actions were required.  On 29 October 2013, he logged into 
MilConnect and noticed that his TEB application was rejected 

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the 
grade of major (O-4).  His Total Federal Active Military Service 
Date (TAFMSD) is 24 November 1999.

On 31 October 2013, the applicant signed the Post 9/11 GI Bill TEB 
SOU and agreed to incur a service obligation of four years.

Transferability of Unused Education Benefits to Family Members. 
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the 
Secretary concerned, to promote recruitment and retention in the 
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or 
more of his or her family members all or a portion of his or her 
entitlement to such assistance.

*	If the member 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.

*	Per AFI 36-2306, Voluntary Education Program, A9.18.1.4.2, 
dated 13 Aug 10, for those members who have an approved 
retirement date after 1 August 2009 and before 1 July 
2010, no additional service is required.  


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  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!”  This initial notification sent on 29 September 2009, 
directed the applicant to visit the vMPF/Self Service Actions/TEB 
link to determine eligibility and to sign the SOU.  While he 
states he signed the SOU during a group session, there was never a 
copy at the TFSC.  He had the opportunity to contact the TFSC as 
stated above, but he never made an attempt to follow-up as 
directed.

Finally, in accordance with AFI 36-2306, Voluntary Education 
Program, without a TEB SOU, there is no agreement.  Therefore the 
applicant did not meet all eligibility requirements and the 
application must be denied.  The applicant has since reapplied for 
the TEB and was approved.

The complete DPSIT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 24 January 2014, 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 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 this application in 
Executive Session on 1 December 2014, under the provisions of AFI 
36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence pertaining to AFBCMR BC-2013-
05233 was considered:

     Exhibit A.  DD Form 149, dated 30 October 2013, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIT, dated 16 December 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 24 January 2014.