RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02267
XXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Educational
benefits to his dependents.
APPLICANT CONTENDS THAT:
He assumed a 4-year Active Duty Service Commitment (ADSC) on
4 January 2010. On 23 March 2011, he was notified that he was
non-selected for promotion and would be retained until his
eligible retirement date of 30 June 2013. According to
Directive Type Memorandum (DTM) 09-003: Post-9/11 GI Bill dated
22 June 2009, Attachment 2 paragraph 3(a), a service member who
has at least 10 years of service and is precluded by either
standard policy or statute from committing to four additional
years, and agrees to serve the maximum time allowed under such
policy or statute, is an eligible individual. His record is in
error or unjust because he served the maximum amount of time
under such policy or statute and his retirement from active duty
precluded him from serving the entire ADSC.
In support of his request, the applicant provides a personal
statement, DTM 09-003: Post-9/11 GI Bill and various other
documents related to his request.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants Total Federal Active Military Service Date is
22 June 1993.
On 6 January 2010, the applicant signed the Post 9/11 GI Bill
Transfer of Educational Benefits Statement of Understanding, and
agreed to incur a 4-year ADSC.
In a letter dated 23 March 2010, the applicant was notified that
he was not selected for promotion to the grade of lieutenant
colonel (O-5). However, the letter stated he would be retained
on active since he was within 2 years of qualifying for
retirement on 30 June 2013.
On 30 June 2013, the applicant retired after serving 20 years
and 9 days on active duty. His narrative reason for separation
is Voluntary Retirement: Maximum Service or Time in Grade.
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:
* 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.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant was properly
approved for TEB; however, because he was not selected for
promotion, he was unable to fulfill his previously agreed upon
Transfer of Education Benefits ADSC to 4 January 2014.
The complete DPSIT evaluation is at Exhibit B.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 9 September 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 an error or injustice. We took
notice of the applicants 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 of
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
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 14 July 2015, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02267 was considered:
Exhibit A. DD Form 149, dated 16 June 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 14 July 2014.
Exhibit D. Letter, SAF/MRBR, dated 9 September 2014.
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