RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00676
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her military service obligation be changed to no later than
18 Jul 2015 in regards to transferring Post-9/11 GI Bill
education benefits.
APPLICANT CONTENDS THAT:
The Air Force did a poor job of informing members of the ability
to transfer the benefit. Due to this, she learned of it long
after it was available.
She called prior to 1 Aug 13 but was not advised of a pending
change in service obligation nor did she know the Department of
Veterans Affairs (DVA) would immediately deny her claim without
a letter, causing a delay. She would have been more proactive
in accomplishing the transfer request had she known of the
impending deadline.
The Post-9/11 approval has taken over five (5) months.
Incurring an additional two (2) year service commitment is an
injustice and it needs to be corrected.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve
Component in the grade of major.
On 11 Jan 2014, she digitally signed the Post-9/11 GI Bill
Transfer of Educational Benefits statement of understanding
clearly outlining her Reserve Component Day/Month/Year service
commitment as 3 Nov 2017. In Section I, Service Obligation, the
Reserve and Guard Components box is checked stating In
accordance with Title 38 U.S.C., Chapter 33 and AFRCI 36-
2102 (AFR) and ANGI 36-2101 (ANG), I will incur a service
obligation of 4 years and a Selected Reserve Service Commitment
(SRSC) will be updated in my records effective from date of
application in the Defense Manpower Data Center (DMDC) Transfer
of Education Benefits (TEB) website and reported to DVA.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of
an error or an injustice. Incurring a service commitment is
stated on the members statement of understanding, signed by the
member on 11 Dec 13 and again on 11 Jan 14. The service
commitment information is stated in step four of the
instructions provided to the member on 18 Jul 13 and again on
5 Nov 13.
In accordance with DoDI 1341.13, Enclosure 3, 3.(3)(2), For
individuals eligible for retirement on or after Aug 1, 2011,
2 years of additional service required. The DoDI clearly
states the amount of service commitment that a member would
incur if the member chooses to participate in the Post-9/11 GI
Bill transferability benefit. The transfer of benefits is not
an entitlement of the Post-9/11 GI Bill program; it is an
opportunity if the requirements are met. The 2 years of
additional service is one of the requirements that need to be
met in order to transfer this benefit. There has been no change
to this program and the cutoff date of 1 Aug 13 the member makes
mention of has been in place since the program was instated.
The complete ARPC/DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 May 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 an error or injustice. We took
notice of the applicants complete submission, including
attachments, 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 its rationale
as the basis for our conclusion the applicant has not been the
victim of an error of injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00676 was considered:
Exhibit A. DD Form 149, dated 3 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 24 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 8 May 14.
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