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AF | BCMR | CY2013 | BC 2013 03970
Original file (BC 2013 03970 .txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03970
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

The application she completed for the Transfer of Educational 
Benefits (TEB) in October 2010 be reinstated/approved.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was deployed to Iraq under the command of another branch of 
service and did not have access to Air Force systems.

In support of her request the applicant provides copies of her 
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); Promotion Statement of 
Understanding (SOU) and Bronze Star Medal Citation.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of senior master sergeant (E-8), effective.  Her Total 
Federal Active Military Service Date (TAFMSD) is 12 October 
1993.

Post-9/11 GI Bill Transferability:  Any member of the Armed 
Forces (active duty or Selected Reserve, officer or enlisted) on 
or after 1 August 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 August 2009, through 1 August 2012.  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 August 
2009, no additional service is required. 

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

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

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

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

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends the applicant’s request be approved.  Due 
to the applicant’s deployment and assignment under a sister 
service's command, she did not have access to the Air Force 
network and could not receive notification from the Total Force 
Service Center instructing her to complete the Post-9/11 GI Bill 
SOU required for TEB approval.

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

?
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 15 October 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  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 an error or injustice.  After a 
thorough review of this application, 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 been the victim of either an error or an 
injustice.  Accordingly, we recommend her records be corrected 
as set forth below.

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(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 
2 October 2010, she elected to transfer her Post-9/11 GI Bill 
Educational Benefits to her dependents.

________________________________________________________________

The following members of the Board considered AFBCMR BC-2013-
03970 in Executive Session on 1 July 2014, under the provisions 
of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

?
All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR BC-2013-
03970 was considered:

     Exhibit A.  DD Form 149, dated 9 August 2013, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 5 September 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 15 October 2013.




                                    
                                   Panel Chair


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