RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03171
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

He be allowed to transfer his Post 9/11 GI Bill educational 
benefits for his family.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He attempted to do the Transfer of Educational Benefits (TEB), 
in Aug 09 and Nov 11; however, he received an email both times 
stating that he did not meet the retainability requirements.  
Upon retiring, he was told at his Transition Assistance Program 
(TAP) briefing that he was eligible for the Post 9/11 since he 
was retiring under High Year of Tenure (HYT). 

On 28 Mar 13, he applied again and was sent the same letter.  He 
called the number provided and they informed him that he had not 
applied for the GI bill.  Each time he attempted to sign up for 
the TEB, it kept denying him.

While speaking to the operator, he explained his situation and 
time frame involve and they started the application for him and 
said they would expedite it so that he would have time to do a 
TEB prior to his retirement date.  

He called on 30 May and verified that he did indeed have the 
Post 9/11 GI Bill.  At that time, the operator informed him that 
he needed to do a TEB transferring a minimum of one month to 
each family member to ensure they would be able to use the 
benefits.  He was then told that he could go back at any time 
after retirement and transfer as many months as he needed. 

He was under the impression that he had done everything and had 
finalized the process.  Surprisingly, on 14 Jun 13, he received 
another email concerning his Post 9/11 GI bill TEB, basically 
stating the same; that he must meet the retainability 
requirements and that the application process was not complete.  
He called the number provided and was told that an email was 
sent to him on 31 May 13 with instructions to complete the 
application; however, he never received this email.  

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

________________________________________________________________

STATEMENT OF FACTS:

On 6 May 93, the applicant enlisted in the Regular Air Force.  

On 31 May 13, the applicant was relieved from active duty, with 
a reason for separation of voluntary retirement: maximum service 
or time in grade.  He retired on 1 Jun 13.  He was credited with 
20 years and 25 days of active duty service.

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. 

For those individuals eligible for retirement on 1 Aug 09, 
no additional service is required. 

For those individuals who have an approved retirement date 
after 1 Aug 09, and before 1 Jul 10, no additional service 
is required. 

For those individuals eligible for retirement after 1 Aug 
09, and before 1 Aug 10, 1 year of additional service after 
approval of transfer is required. 

For those individuals eligible for retirement on or after 
1 Aug 10, and before 1 Aug 11, 2 years of additional 
service after approval of transfer are required. 

For those individuals eligible for retirement on or after 
1 Aug 11, and before 1 Aug 12, 3 years of additional 
service after approval of transfer is required. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, noting that the applicant did not 
provide adequate justification or documentation.  The 
applicant's retirement date was approved for 31 Jan 13, which 
was prior to submitting the 2013 TEB application on 31 May 13. 
Member's HYT date was 31 Aug 13.  Given these two dates, the 
applicant could not meet either eligibility requirements 
outlined in AFI 36-2306, Attachment 9. A9. l8.1.2 (has 6 years 
of service/agrees to 4 additional years) or A9.18.1.3 (has 
10 years of service, is precluded by AF/DoD Policy or statute 
from committing to 4 additional years, and agrees to serve the 
maximum amount of time allowed by such policy or statute) and is 
therefore ineligible by law for TEB.

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 19 Sep 13 for review and response.  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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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, other than his own statements, the applicant 
has not provided any evidence to substantiate his claim.  
Therefore, we agree with the recommendation of the Air Force 
office of primary responsibility and adopt the rationale 
expressed as the basis for our decision that the applicant has 
failed to sustain his burden of having suffered either an error 
or injustice.  In view of the above and 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-2013-03171 in Executive Session on 26 Jun 14, under 
the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 Jul 13.
     Exhibit B.  Applicant’s Available Master Personnel Record.
     Exhibit C.  Letter, AFPC/DPSIT, dated 23 Aug 13.
     Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 13.




                                   Panel Chair