RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

 
IN THE MATTER OF:				DOCKET NUMBER: BC-2013-03772
	 					COUNSEL:  NONE
    						HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

He applied for TEB at least one year prior to his retirement but 
the application was rejected due to problems with the electronic 
signature.  He contacted an office at Joint Base San Antonio 
(JBSA)-Randolph, TX and was given a signature card that he 
printed out, signed and faxed.  He was told this would fix the 
problem.  

He discovered the error last year when he tried to use the 
benefit for his son’s college tuition but was unable to.  The 
error has caused his family considerable financial problems. 

In support of his request, the applicant provides a personal 
statement.     
 
The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 30 Oct 1989, and was 
progressively promoted to the grade of Technical Sergeant (TSgt, 
E-6).  He was retired on 31 Oct 2011 after serving 22 years and 
1 day on active duty.    

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 applied for TEB on 
14 Apr 2011, but had an approved retirement date of 31 Oct 2011.  
Based on the applicant’s Total Active Federal Military Service 
Date (TAFMSD) of 30 Oct 1989, he would have incurred a one year 
Active Duty Service Commitment (ADSC) in order to be approved 
for TEB.  His application was not rejected for the Statement of 
Understanding (SOU) but because he could not serve until 13 Apr 
2012 due to the approved retirement date.  If the applicant had 
applied from 1 Aug 2009 through 31 Oct 2010, the TEB would have 
been approved with a signed SOU as he would have met the 
retainability requirements.  

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________





APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 19 Sep 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
C).  As of this date, this office has not received a response.   
 
________________________________________________________________

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.  

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably 
considered.  
_______________________________________________________________

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-2013-03772 in Executive Session on 26 Jun 2014 under 
the provisions of AFI 36-2603:

        , Panel Chair
        , Member
        , Member

The following documentary evidence in AFBCMR Docket Number BC-
2013-03772 was considered:

     Exhibit A.  DD Form 149, dated 5 Aug 2013, w/atchs.   
     Exhibit B.  Letter, AFPC/DPSIT, dated 21 Aug 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 19 Sep 2013. 
	


 
                                   Panel Chair