RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01562 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Post 9/11-GI Bill Transfer of Education Benefits (TEB) date be changed from 24 Mar 14 to 30 Sep 12, the date of his involuntary separation. APPLICANT CONTENDS THAT: In March 2010, he transferred 24 months of his Post 9/11 GI Bill accepting the associated four-year Active Duty Service Commitment (ADSC). In March 2012, he was passed over a second time for major and involuntarily separated 30 Sep 12. He had every intention of staying in the Air Force for 20 years and meeting the ADSC. He was told since his separation date was prior to fulfilling his TEB obligation date his wife was no longer eligible for the 24 months of education benefits transferred to her. His wife had already used 22.5 months of the benefit so he was told he would have to repay $24,718.70. It was the Air Force’s decision to force him to leave by 30 Sep 12, so he had no choice regarding his TEB obligation date. He should not be punished for something that did not result from his own willful misconduct. The TEB obligation date should be adjusted to his involuntary separation date of 30 Sep 12. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 11 Jun 10, the applicant signed the Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding. Section II, Acknowledgement and Agreement, items 8 and 9 of this form states the applicants understanding of service commitment and financial liability. On 20 Apr 11, he was notified by his commander that he was considered, but not selected for, promotion by the CY10D Maj Line of the Air Force Central Selection Board. He acknowledged receipt 26 Apr 11. On 30 Sep 12, the applicant received an honorable discharge. He was credited with 10 years, MM month and 15 days of active service. He had 2 months and 23 days of prior active service. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant’s TEB application was reviewed and approved based on his status on the date of request (14 Jun 10). In order for him to retain TEB benefits, he was required to complete his TEB ADSC of 25 May 14. There is no provision in TEB guidance (specifically, AFI 36-2306, The Air Force Education Services Program, Attachment 9, A9.18.8.5) allowing members passed over twice for promotion after TEB approval to retain benefits, or to automatically have the ADSC/obligation end date adjusted to the new Date of Separation (DOS). The reasons an ADSC/Obligation End Date can be considered fulfilled are as follows: - Death of a member - Disability, in conjunction with retirement/separation from the Air Force - Hardship, in conjunction with retirement/separation, approved by the SecAF (Personnel Counsel). Under the provisions of A9.18.8.5, the Department of Veteran’s Affairs has the right to recoup benefits used if the member fails to fulfill the associated obligation. Members acknowledge this fact when signing the TEB Statement of Understanding. 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 11 Jul 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 applicant’s complete submission in judging the merits of the case; however, consistent with decisions on similar cases this does not merit the same consideration as the cases involving High Year of Tenure. Therefore, 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. 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-2014-01562 was considered: Exhibit A. DD Form 149, dated 8 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 26 May 14. Exhibit D. Letter, SAF/MRBR, dated 11 Jul 14.