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AF | BCMR | CY2013 | BC 2013 02545
Original file (BC 2013 02545.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02545
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

She be allowed to transfer her Post-9/11 GI Bill benefits to her 
dependents.

________________________________________________________________

APPLICANT CONTENDS THAT:

In November 2010, she applied to transfer her education benefits  
and was informed she needed to extend her service contract in 
order to meet the four-year service commitment.  She completed 
the extension paperwork only to receive an email in February 
2013, informing her that she failed to sign the Statement of 
Understanding (SOU) in 2010 and would have to reapply and incur 
another four-year service commitment.  She is unable to further 
extend due to her plans to retire in November 2014.

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 master sergeant (E-7).

On 22 Jun 11, the applicant applied for an extension of her 
enlistment for the purpose of being eligible to transfer 
education benefits (TEB).

On 24 Jun 11, the applicant’s extension of her enlistment was 
approved and her active duty service commitment was established 
as 30 Nov 14.

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 denial, indicating there is no evidence of 
an error or injustice.  The applicant would have had to go 
through the Virtual Military Personnel Flight (VMPF) prior to 
reaching the website to submit her transfer request.  The 
applicant would have also had numerous notifications throughout 
the process instructing her on the actions needed to complete 
her application.  Additionally, the applicant did not have the 
required four years of retainability within the window of her 
application (29 Nov 10 – 15 Dec 10).  Her extension paperwork 
was not completed until 22 Jun 11.  In accordance with AFI 36-
2306, Voluntary Education Program, Attachment 9, A9.18.1.2, 
members must have six years of service in the Armed Forces and 
agree to serve four additional years on the date of request.  
The applicant did not satisfy these eligibility requirements 
which are why her application was rejected.

The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09.  
Any member of the Armed Forces who, on or after 1 August 2009, 
is eligible for the Post-9/11 GI Bill, had at least six years of 
service on the date of election may transfer unused Post-9/11 
benefits to their dependents.

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 21 Jun 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 agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale 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 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-2013-02545 in Executive Session on 24 Mar 14, under 
the provisions of AFI 36-2603:

                       , Panel Chair
                       , Member
                       , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Apr 13.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 31 May 13.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 13.




                                   
                                   Panel Chair



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