RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00189 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her dependent daughter. ________________________________________________________________ APPLICANT CONTENDS THAT: She applied to transfer her education benefit while on active duty and does not know what happened to her signed Statement of Understanding (SOU). The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 20 Dec 90, the applicant enlisted in the Regular Air Force, with a Total Active Federal Military Service Date (TAFMSD) of 20 Dec 90. On 8 Oct 91, the applicant was appointed to the grade First Lieutenant (O-2) in the United States Air Force Reserve (USAFR) Judge Advocate General’s Department Reserve (JAGDR), with a Total Federal Commissioned Service Date (TFCSD) of 8 Oct 91. On 27 Jul 10, the applicant received her preseparation counseling. On 1 Jan 11, the applicant retired from active duty and she was credited with 19 years, 2 months and 23 days of total active service. 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. For individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, 2 years of additional service after approval of transfer are required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. Under the Transfer of Education Benefits (TEB) website, it notifies the applicants that their transfer request is not final until the SOU is digitally signed in the Virtual Military Personnel Flight (vMPF). It also informs the applicant that they will receive an Air Force Personnel Center (AFPC) email within 72 duty hours, stating that their SOU is ready for signature. Additionally, it informs them that if they do not receive the email, to call the Total Force Service Center (TFSC) as soon as possible (ASAP). On 24 Sep 10, the applicant submitted her application for the Post-9/11 GI Bill and on 27 Sep 10, she was sent an email directing her to visit the vMPF/Self Service Actions/TEB link to determine eligibility and sign the SOU. The applicant never made the attempt to follow through with the requirement to sign the SOU after being notified by email. Without a signed SOU, the TFSC has no idea if the applicant agrees to the two year Active Duty Service Commitment required with the transfer of the benefit. Additionally, on 14 Jan 10, the applicant submitted her request for retirement, effective 1 Jan 11. On 12 Oct 10, an email was sent to the applicant informing her that her application for TEB had expired because she did not sign the SOU. On 2 Dec 10, the applicant inquired with the TFSC about either a waiver to qualify for TEB or a waiver for mandatory retirement to allow two years of service to facilitate the transfer. The applicant was advised about the TEB exceptions to the two year ADSC date of 23 Sep 12, and was given advice on retirements. The applicant requested retirement effective 31 Dec 10 [sic] and therefore, would not have the retainability to fulfill her ADSC of 23 Sep 12 for the TEB. There is no record that the applicant had indeed signed her SOU. The complete DPSIT 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 21 Mar 14 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 its rationale as the basis for our conclusion 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. ________________________________________________________________ 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-2014-00189 in Executive Session on 10 Dec 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00189 was considered: Exhibit A. DD Form 149, dated 17 Dec 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 23 Jan 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.