RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04365
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her Active Duty Service Commitment (ADSC) for the Transfer of 
Educational Benefits (TEB) remain March 2011.

________________________________________________________________

APPLICANT CONTENDS THAT:

She originally applied for the Post-9/11 GI Bill TEB in March 
2011.  However, she later received a system generated email 
stating her application was not received and that she would 
incur a one year ADSC from the date of her application.  She 
obtained the required retainability and assumed that this would 
take care of the application.  She did not realize that she 
needed to sign an actual form until she received a subsequent 
email stating her application had expired and that she needed to 
re-apply and obtain additional retainability.  She extended for 
the purpose of TEB.

In support of her request the applicant provides copies of her 
AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits 
Statement of Understanding (SOU) and 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).

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).  Her Total Federal 
Active Military Service Date (TAFMSD) is 12 October 1993.

On 12 August 2013, the applicant’s request for extension for the 
purpose of TEB was approved for a period of 15 months.



Post-9/11 GI Bill Transferability:  Any member of the Armed 
Forces (active duty and/or Selected Reserve) who meets Post-
9/11 GI Bill eligibility requirements and at the time of the 
approval of the member’s request to transfer entitlement to 
educational assistance: 

Has at least six years of service in the Armed Forces (active 
duty and/or Selected Reserve) on the date of election and 
agrees to serve four additional years in the Air Force from 
the date of request, regardless of the number of months 
transferred, or

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 Air Force policy, DoD policy or statute 
from committing to four additional years (HYT, MEB/TDRL, 
etc.) of service and agrees to serve for the maximum amount 
of time allowed by such policy or statute.

According to AFI 36-2306, Voluntary Education Program, the 
following options expired on 31 Jul 2012

Is or becomes retirement eligible during the period from 
1 August 2009 through 1 August 2012 and agrees to serve the 
additional period, if any, specified below.  For the purposes 
of this paragraph, a member is considered to be retirement 
eligible if he or she has completed 20 years of active 
Federal service or 20 qualifying years as computed under 
title 10 U.S.C § 12732.

For those members eligible for retirement on 1 August 2009, 
no additional service is required. 

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

For those members eligible for retirement after 1 August 
2009 and on or before 1 August 2010, one year of additional 
service from the date of request is required.

For those members eligible for retirement after 1 August 
2010 and on or before 1 August 2011, two years of additional 
service from the date of request is required.

For those members eligible for retirement after 1 August 
2011 and on or before 1 August 2012, three years of 
additional service from the date of request is required.

Retirees recalled to active duty may transfer unused Post-
9/11 GI Bill benefits with no additional service commitment.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant did not provide 
adequate justification or documentation.  When a military member 
applies for TEB through “MilConnect,” there is a message which 
states "Your transfer request is not final until you digitally 
sign AF Form 4406.”  Within 72 duty hours, a member will receive 
an AFPC email with “TEB incident” in the subject line, stating 
“Your AF Form 4406 is ready for signature.  If you DO NOT 
receive this email, call the Total Force Service Center (TFSC) 
at 1-800-525-0102 ASAP!"  Additionally, the initial notification 
sent on 16 March 2011, clearly stated that the applicant must 
sign the AF Form 4406 in order for the application to be 
approved.  She was also advised that if she had questions 
regarding the application she should respond to the incident in 
"My Account" using the “MyPers” website.  Finally, without a TEB 
SOU, there is no agreement in accordance with AFI 36-2306, 
Voluntary Education Program, attachment 9, A9.18.1.2 [Has at 
least 6 years in the Armed Forces (active duty and/or Selected 
Reserve) on the date of request and agrees to serve an 
additional 4 years in the Armed Forces]. Therefore the applicant 
does not meet all eligibility requirements and the application 
must be denied.  There is no record that the applicant inquired 
about the status of her application until an email was sent from 
Education Services advising her that her previous submission had 
expired and that she would need to reapply for TEB.

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 29 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 D).

________________________________________________________________

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 and adopt the 
rationale expressed as the basis for our conclusion the 
applicant has failed to sustain her burden of proof that she has 
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.

________________________________________________________________

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 BC-2013-
04365 in Executive Session on 1 July 2014, under the provisions 
of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 August 2013, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIT, dated 27 September 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 29 October 2013.




                                   
                                   Panel Chair


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