RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04300 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill education benefits. APPLICANT CONTENDS THAT: In 2010, he entered the Virtual Military Personnel Flight (vMPF) to transfer his Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents. However, due to his status as a Reservist returning to active duty or as a previous Air Force Academy graduate, he was directed to the Department of Veterans Affairs (DVA) to determine his eligibility. He received his letter of eligibility, in Feb 11, and thought the process was complete. In 2014, he was notified that he was being considered for the Calendar Year 2014 (CY14) Enhanced Selected Early Retirement Board (ESERB); was later boarded and selected for early mandatory retirement. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 17 Dec 97, the applicant was transferred to the Air Force Reserve in the grade of Captain. He was credited with 11 years, 6 months, and 19 days of active service, with 3 years and 11 months of prior inactive service. The applicant had continuous service in the Air Force Reserve until Jul 09. On 21 Jul 09, the applicant was ordered to Extended Active Duty (EAD) in the Regular Air Force under the Permanent Rated Return to Active Duty Program. The applicant’s Total Active Federal Commission Service Date (TAFCSD) was adjusted to 23 Feb 95. On 28 Feb 15, the applicant was relieved from active duty and retired, effective 1 Mar 15, in the grade of lieutenant colonel. He was credited with 20 years and 8 days of active service for retirement and 28 years, 9 months and 3 days of service for basic pay. * Any Service member on or after 1 August 2009, 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 meets one of these conditions: o 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. o Has at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, 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. o Is or becomes retirement eligible during the period from 1 August 2009, through 31 July 2012, and agrees to serve the additional period, if any, specified in the following subparagraphs. A Service member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed pursuant to Title 10, United States Code (USC) § 12732. This subparagraph will no longer be in effect on 1 August 2013, and on or after that date all members must comply with subparagraphs above to be eligible for transfer of unused education benefits to family members. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence the applicant applied via Defense Manpower Data Center (DMDC); therefore, his eligibility cannot be determined and he cannot be approved for TEB in accordance with the current law and instruction. Additionally, the applicant provides no documentation/evidence of an attempted application for TEB. DPSIT notes that there is no record in DMDC the applicant applied for TEB; nor did he inquire with the Total Force Service Center according to the Right Now Technology regarding TEB until 8 Oct 14. Based on the applicant's Total Active Federal Military Service Date (TAFMSD), he would have incurred a four- year obligation with TEB approval; therefore, no eligibility for the program could be established, as the law/instructions cite the date of request as the date on which the appropriate service obligation would be established (IAW AFI 36-2649, Voluntary Education Program, Attachment 13, A13.18. l.1.1). Without a request, a TEB application cannot be approved. Once the applicant was approved under the ESERB, he became ineligible for TEB IAW Personnel Services Delivery Memorandum (PSDM) 13-126, CY14 Enhanced Selected Early Retirement for Lieutenant Colonel and Major. 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 17 Feb 15 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, 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 addition, the Board notes that, In Accordance With (IAW) PSDM, 13-126, CY14 Enhanced Selected Early Retirement for Lieutenant Colonel and Major, states, “If an officer, previously approved for transfer of benefits and serving the required service obligation period, is selected for early retirement by the ESERB, the officer's service obligation will be treated by DVA as “complete” so long as the officer serves the time allowed based on the service discharge characterization. However, if an officer waits to transfer benefits until after receiving notice of selection by an ESERB, the officer cannot be approved for transfer of benefits since there is not sufficient retainability for a 4-year service obligation.” Further, the applicant has not presented any evidence to substantiate his claim that he applied for the TEB prior to the ESERB or how his prior status as an Air Force Reservist or Air Force Academy graduate affected his TEB ineligibility. Therefore, we find no basis to recommend granting the requested relief. 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 issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04300 in Executive Session on 28 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Nov 14, w/atch. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 9 Dec 14, w/atch. Exhibit D. Letter, SAF/MRBR, dated 7 Feb 15.