RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02875
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Her Transferability of Educational Benefits (TEB) election under
the provisions of the Post 9/11 GI Bill be changed to Mar 12.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The Statement of Understanding (SOU) for transfer of education
benefits to her dependents is missing. In Mar 12, she visited
the education center to transfer her benefits to her dependents
and the Subject Matter Experts (SMEs) at the education center
guided her through the process. Everything was taken care of
within days, to include extending her enlistment to meet the
Active Duty Service Commitment (ADSC).
This is unjust because over a year lapsed before she received
notification that her application was denied. She immediately
contacted the education center; whom contacted the Department of
Veterans Affairs (DVA); she then contacted the personnel office
and was told no information was missing. However, AFPC states
her SOU was never completed and her application was disapproved.
She was unaware of any missing documents and would have quickly
taken action if known sooner.
In support of her appeal, the applicant provides an email
communiqué of her attempts to correct the error and a copy of
her extension of enlistment for the TEB.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 6 May 92, the applicant enlisted in the Regular Air Force and
was eligible for retirement effective 5 May 12.
On 5 Mar 12, the applicant extended her 16 Apr 10 enlistment for
a period of 22 months for the purposes of the Post 9/11 GI Bill
TEB. Currently, her date of separation is 15 Mar 16.
The Post-9/11 GI Bill TEB requires: Any member of the Armed
Forces (active duty or Selected Reserve, officer or enlisted) on
or after 1 Aug 09, 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 09 through 1 Aug 13. 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.
* a. For individuals eligible for retirement on or before
1 Aug 09, no additional service is required.
* b. For individuals eligible for retirement after 1 Aug
09, and before 31 Jul 10, 1 year of additional service is
required.
* c. For individuals eligible for retirement on or after
1 Aug 10, and before 31 Jul 11, 2 years of additional
service is required.
* d. For individuals eligible for retirement on or after
1 Aug 11, and before 31 Jul 12, 3 years of additional
service is required.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval of the applicants request,
effective 15 Feb 12 with the associated ADSC running to
14 Feb 12 [sic], IAW AFI 36-2306, Voluntary Education Program,
Attachment 9, A9.18.1.4.5.
DPSIT notes that the Education Center should have counseled the
applicant that the TEB SOU was required to complete the process.
The applicant obtained the needed retainability during the
application period. She states that she was deployed during
this time period, which may have affected her completing all
requirements within 14 days of the initial notification.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Aug 13 for review and response. As of this date,
no response has been received by this office (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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. The Air Force office of primary
responsibility has addressed the issues presented by the
applicant and we are in agreement with their recommendation.
Therefore, we recommend her record be corrected to show that on
15 Feb 12, she signed an AF Form 4406, Post-9/11 GI Bill
Transfer of Educational Benefits Statement of Understanding
(SOU) to start her three year ADSC. Accordingly, we recommend
her records be corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that, on
15 February 2012, she signed an AF Form 4406, Post-9/11 GI Bill
Transfer of Educational Benefits Statement of Understanding
(SOU) to start her three year Active Duty Service Commitment.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-02875 in Executive Session on 28 May 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jun 13.
Exhibit B. Letter, AFPC/DPSIT, dated 21 Jun 13.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 13.
Panel Chair
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