RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02823
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her 11 Mar 11 application for transfer of her Post-9/11 GI Bill
Educational Benefits to her dependents be approved with an Active
Duty Service Commitment (ADSC) date of 10 May 15.
APPLICANT CONTENDS THAT:
She applied for Transfer of Education Benefits (TEB) on 11 Mar 11;
however, unknowingly, she did not sign the required TEB Statement
of Understanding (SOU) required for approval.
She was unaware that she had not signed the SOU until she received
a notice from the Total Force Service Center (TFSC) in May 13. On
9 May 13, she signed the TEB and was approved the same day
incurring a 4 year ADSC.
She had no idea she was accruing an additional ADSC for the TEB.
The mistake was not made with malice. She requests her TEB
effective date be 11 Mar 11 with an ADSC of 10 May 15.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the
Secretary concerned, to promote recruitment and retention in the
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or
more of his or her family members all or a portion of his or her
entitlement to such assistance.
Per DoDI 1341.13 and AFI 36-2306, Voluntary Education Programs,
Atch 9, any service member on or after 1 Aug 09, who is entitled
to the Post-9/11 GI Bill at the time of the approval of his or her
request to transfer that entitlement under this section, may
transfer that entitlement provided he or she has at least 6 years
of service in the Military Services (active duty or Selected
Reserve), National Oceanic and Atmospheric Administration
Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of
the Public Health Service (PHS) on the date of approval and agrees
to serve 4 additional years in the Military Services, NOAA Corps,
or PHS from the date of election.
The applicant is on active duty in the Regular Air Force in the
grade of lieutenant colonel (0-5). Her Total Active Federal
Military Service Date (TAFMSD) is 21 Dec 94.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial as there is no evidence the applicant
signed the SOU in Mar 11. The applicant applied for TEB on 11 Mar
11 but failed to sign the SOU. Without a SOU, the TFSC personnel
cannot determine if a member accepts the 4 year ADSC; therefore,
no eligibility for the program could be established as the
law/regulations cite the date of request as the date on which the
appropriate service obligation would be established In Accordance
With (IAW) AFI 36-2306, Voluntary Education Programs, Attachment
9, A9.18.1.2, A9.18.1.3 and A9.18.1.4.
A complete copy of the DPSIT evaluation, with attachments, is at
Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 Sep 14 for review and comment within 30 days (Exhibit C).
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 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 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 members of the Board considered AFBCMR Docket Number
BC-2014-02823 in Executive Session on 23 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 14.
Exhibit B. Memorandum, AFPC/DPSIT, dated 22 Aug 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 22 Sep 14.
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