RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2013-02724
	 					COUNSEL:  NONE
   	    					HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he transferred his Post-
9/11 GI Bill educational benefits to his dependents on 10 Feb 
2011.  

________________________________________________________________

APPLICANT CONTENDS THAT:

On 10 Feb 2011, he applied and received approval for Transfer of 
Education Benefits (TEB).  He obtained the retainability and 
signed the Statement of Understanding (SOU).  

He was reassigned to Sigonella NAS, Italy after submitting his 
TEB request.  He had a Navy e-mail account and did not receive 
any messages regarding his TEB request.

In Apr 2013, he received an e-mail stating he needed to reapply 
for his TEB.  

In May 2013, he reenlisted in case his request is not approved 
by the Board.  His original plan was to retire in three years 
when his daughter graduates so she can start using this benefit. 

In support of his request, the applicant provides a copy of his 
Department of Veterans Affairs (DVA) Application for VA 
Education Benefits, MilConnect TEB request and other various 
documents associated with his request.   

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 8 Jan 1993 and is 
currently on active duty serving in the grade of Senior Master 
Sergeant (SMSgt).  His Date of Separation (DOS) is 19 May 2018.  

Post-9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 
2009, who is eligible for the Post-9/11 GI Bill, and: 

*	Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in the 
Armed Forces from the date of election. 

*	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 standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy or 
statute, or 

*	Is or becomes retirement eligible during the period from 1 Aug 
2009 through 1 Aug 2013.  A service member is considered to be 
retirement eligible if he or she has completed 20 years of 
active duty or 20 qualifying years of reserve service. 

*	For those individuals eligible for retirement on 1 Aug 2009, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 2009, and before 1 Jul 2010, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
2009, and before 1 Aug 2010, 1 year of additional service 
after approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2010, and before 1 Aug 2011, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 2011, and before 1 Aug 2012, 3 years of additional 
service after approval of transfer required. 

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant did not provide 
adequate justification or documentation.  He states he was 
assigned to Sigonella NAS after submitting his TEB application; 
however, he was assigned there on 3 Jun 2009 and applied for TEB 
on 10 Feb 2011.  Therefore, this is not a situation where the 
applicant was reassigned shortly after applying for TEB.  Prior 
to the applicant reaching the MilConnect website to submit his 
TEB request, he would have gone through the Virtual Military 
Personnel Flight (vMPF).  Prior to being able to access the 
Self-Service Actions, he would have been asked to verify his e-
mail and phone number.  Had the applicant correctly completed 
this step, he would have received two e-mails from the Total 
Force Service Center (TFSC).  The first would have been the 
initial notification instructing him of the required actions and 
the second would have been the rejection of his TEB.  
Additionally, when the applicant applied through MilConnect, 
there would have been a message from his service component 
stating that his TEB is not final until AF Form 4406, Post 
9/11 GI Bill Transfer of Education Benefits Statement of 
Understanding; is digitally signed.  Within 72 duty hours, he 
would have received an e-mail from the Air Force Personnel 
Center (AFPC) advising him that his AF Form 4406 was ready for 
signature and to contact the TFSC if he did not receive the SOU.  

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

He is awaiting the Board’s decision to submit his retirement 
application.  He is currently on the Enlisted Retention Review 
list for possible separation this year due to an overage in his 
Air Force Specialty Code (AFSC) and rank.  Due to a recent death 
in his family, he is trying to retire as soon as possible rather 
than waiting on the retention board results in Jul 2014.  If he 
elects retirement prior to the Board’s decision, he will lose 
this education benefit for his children.  

The applicant’s complete response is at Exhibit C.  

________________________________________________________________

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 (OPR) and 
adopt the rationale expressed as the basis for our conclusion 
that 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 AFBCMR Docket 
Number BC-2013-02724 in Executive Session on 28 May 2014 under 
the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 21 May 2013, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 12 Jun 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 21 Jun 2013. 
     Exhibit D.  E-mail, Applicant, dated 10 Apr 2014.




	                     
                                   Panel Chair