RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03820
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents.

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APPLICANT CONTENDS THAT:

He extended his enlistment on 29 Jul 11 to satisfy the retainability requirements for Transfer of Education Benefits (TEB).  On 9 Aug 11, he applied to transfer his benefit but never received any rejection notice prior to departing for a deployment.

In support of his application, the applicant provides a copy of his deployment order, AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF Reserve)/Air National Guard (ANG); email communique with Total Force Service Center (TFSC), Deployment Out-Processing Checklist, and a signed statement to AFBCMR.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force, in the grade of master sergeant (E-7).  His Total Active Federal Military Service Date (TAFMSD) is 25 Oct 95.

According to the applicant’s AF Form 1411, on 29 Jul 11, the applicant requested an extension of his enlistment that he entered on 29 Jan 10 for a period of 5 years and 2 months be extended for the purpose of transferring his Post 9/11 GI Bill.  On 10 Aug 11, his request was approved and his enlistment was extended through 28 Aug 15.

According to documentation provided by the applicant, on 19 Aug 11, he departed on a deployment for 179 days.

According to documentation provided by the applicant, on 22 Aug 11, the TFSC sent him an email informing him that his application had been rejected.
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 required. 

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval, effective 5 Aug 11 indicating, due to the applicant’s deployment, he did not receive notification that his application was rejected and therefore, he could not meet the TEB requirements (i.e. sign the required TEB Statement of Understanding).

A complete copy of the DPSIT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Sep 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 an error or injustice.  While we note the Air Force office of primary responsibility recommends his effective date for the TEB be changed to 5 Aug 11; according to the discussion thread provided by the applicant dated 11 Jul 13, he initially applied for TEB to his dependents on 9 Aug 11.  Therefore, we recommend the applicant’s record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 9 August 2011, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents.

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The following members of the Board considered AFBCMR Docket Number BC-2013-03820 in Executive Session on 17 Jun 14, under the provisions of AFI 36-2603:

                     , Panel Chair
                     , Member
                       , Member











All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03820 was considered:

    Exhibit A.  DD Form 149, dated 13 Jul 13, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIT, dated 20 Aug 13.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Sep 13.




                                   
                                   Panel Chair





Office of the Assistant Secretary


AFBCMR BC-2013-03820



MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 9 August 2011, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents.




                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency