RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02108
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His application for Tranfer of his Post-9/11 Educational
Benefits (TEB) submitted on 1 Aug 11 be approved.
________________________________________________________________
APPLICANT CONTENDS THAT:
While sending his Statement of Understanding (SOU) to the proper
approval authority, a computer error occurred. He never
received notification that his TEB application was incomplete
and was not received by the approval authority.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military records indicate he enlisted in the
Regular Air Force on 2 Aug 95.
On 20 Sep 11, the applicant was approved for an extension on his
enlistment until 4 Sep 15 for the purpose of qualifying for TEB.
On 1 Nov 13, the applicant retired from active duty in the grade
of master sergeant (E-7), under the Fiscal Year 2014 Enlisted
Temporary Early Retirement Authority (TERA) program and was
credited with 18 years, 2 months, and 29 days of total active
service.
The Air Force developed TERA to meet Congressionally-mandated
end strength requirements while positioning the force to meet
current and future mission requirements. It provides provisions
for enlisted Airmen in non-critical specialties to request early
retirement prior to 20 years of Total Active Federal Military
Service (TAFMS), to include Limited Active Duty Service
Commitment (LADSC) waivers, along with waivers for up to two
years on their current enlistment contract and promotion
commitment waivers of all but six months for early retirement.
According to Personnel Services Delivery Memorandum (PSDM) 13-
73, dated 24 Jul 13, the active duty service commitment (ADSC)
associated with TEB may be waived under the LADSC program;
however, airmen who leave under TERA without completing their
Post 9/11 GI Bill ADSC forfeit the transferred benefit, and any
benefits that dependents used may be treated as an overpayment
subject to recoupment by the Department of Veterans Affairs
(DVA).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval, indicating that due to an error
with the applicants email address in their system, it is
plausible that the applicant did not receive the initial
notification or the email notifying him that his application was
rejected. Additionally, if the applicant digitally signed the
SOU, it should have flowed to the Automated Records Management
System (ARMS).
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 Mar 13 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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we do not believe the applicant is
the victim of an injustice. While we note the comments of the
Air Force office of primary responsibility indicating that due
to an error in their system it is possible the applicant never
received notification that his application was rejected, we also
note that the applicant has since retired from the Air Force
under the Temporary Early Retirement Authority (TERA) program.
As a result, even if his request to transfer his benefits had
been approved, his subsequent retirement under TERA would have
resulted in the forfeiture of his ability to transfer his
educational benefits to his dependents. In this respect, we
note that in accordance with Personnel Services Delivery
Memorandum (PSDM) 13-73, airmen who leave under TERA without
completing their Post 9/11 GI Bill Active Duty Service
Commitment (ADSC), forfeit the transferred benefit and any
benefits. Therefore, while it is possible there was an error in
the processing of the applicants election to transfer his
benefits, we believe this error is harmless as his separation
under TERA should have nullified his entitlement to any
transferred benefits. In view of the foregoing, we conclude
that the applicant has not been the victim of an 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 the evidence presented did not
demonstrate the existence of material error or 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-2013-02108 in Executive Session on 27 Jan 14 and 6 Feb
14, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Apr 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 8 May 13.
Exhibit D. Letter, SAF/MRBR, dated 10 May 13.
Panel Chair
3
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
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