RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03772 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post- 9/11 GI Bill educational benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He applied for TEB at least one year prior to his retirement but the application was rejected due to problems with the electronic signature. He contacted an office at Joint Base San Antonio (JBSA)-Randolph, TX and was given a signature card that he printed out, signed and faxed. He was told this would fix the problem. He discovered the error last year when he tried to use the benefit for his son’s college tuition but was unable to. The error has caused his family considerable financial problems. In support of his request, the applicant provides a personal statement. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 30 Oct 1989, and was progressively promoted to the grade of Technical Sergeant (TSgt, E-6). He was retired on 31 Oct 2011 after serving 22 years and 1 day on active duty. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 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 Aug 2009 through 1 Aug 2013. 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 2009, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. * For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, 1 year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, 2 years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, 3 years of additional service after approval of transfer required. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant applied for TEB on 14 Apr 2011, but had an approved retirement date of 31 Oct 2011. Based on the applicant’s Total Active Federal Military Service Date (TAFMSD) of 30 Oct 1989, he would have incurred a one year Active Duty Service Commitment (ADSC) in order to be approved for TEB. His application was not rejected for the Statement of Understanding (SOU) but because he could not serve until 13 Apr 2012 due to the approved retirement date. If the applicant had applied from 1 Aug 2009 through 31 Oct 2010, the TEB would have been approved with a signed SOU as he would have met the retainability requirements. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 19 Sep 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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 (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has not 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. 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 involved. Therefore, the request for a hearing is not favorably considered. _______________________________________________________________ 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 Docket Number BC-2013-03772 in Executive Session on 26 Jun 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence in AFBCMR Docket Number BC- 2013-03772 was considered: Exhibit A. DD Form 149, dated 5 Aug 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 21 Aug 2013. Exhibit C. Letter, SAF/MRBR, dated 19 Sep 2013. Panel Chair