RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02108 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His application for Tranfer of his Post-9/11 Educational Benefits (TEB) submitted on 1 Aug 11 be approved. ________________________________________________________________ APPLICANT CONTENDS THAT: While sending his Statement of Understanding (SOU) to the proper approval authority, a computer error occurred. He never received notification that his TEB application was incomplete and was not received by the approval authority. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military records indicate he enlisted in the Regular Air Force on 2 Aug 95. On 20 Sep 11, the applicant was approved for an extension on his enlistment until 4 Sep 15 for the purpose of qualifying for TEB. On 1 Nov 13, the applicant retired from active duty in the grade of master sergeant (E-7), under the Fiscal Year 2014 Enlisted Temporary Early Retirement Authority (TERA) program and was credited with 18 years, 2 months, and 29 days of total active service. The Air Force developed TERA to meet Congressionally-mandated end strength requirements while positioning the force to meet current and future mission requirements. It provides provisions for enlisted Airmen in non-critical specialties to request early retirement prior to 20 years of Total Active Federal Military Service (TAFMS), to include Limited Active Duty Service Commitment (LADSC) waivers, along with waivers for up to two years on their current enlistment contract and promotion commitment waivers of all but six months for early retirement. According to Personnel Services Delivery Memorandum (PSDM) 13- 73, dated 24 Jul 13, the active duty service commitment (ADSC) associated with TEB may be waived under the LADSC program; however, airmen who leave under TERA without completing their Post 9/11 GI Bill ADSC forfeit the transferred benefit, and any benefits that dependents used may be treated as an overpayment subject to recoupment by the Department of Veterans Affairs (DVA). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval, indicating that due to an error with the applicant’s email address in their system, it is plausible that the applicant did not receive the initial notification or the email notifying him that his application was rejected. Additionally, if the applicant digitally signed the SOU, it should have flowed to the Automated Records Management System (ARMS). A complete copy of the AFPC/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 15 Mar 13 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 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 do not believe the applicant is the victim of an injustice. While we note the comments of the Air Force office of primary responsibility indicating that due to an error in their system it is possible the applicant never received notification that his application was rejected, we also note that the applicant has since retired from the Air Force under the Temporary Early Retirement Authority (TERA) program. As a result, even if his request to transfer his benefits had been approved, his subsequent retirement under TERA would have resulted in the forfeiture of his ability to transfer his educational benefits to his dependents. In this respect, we note that in accordance with Personnel Services Delivery Memorandum (PSDM) 13-73, airmen who leave under TERA without completing their Post 9/11 GI Bill Active Duty Service Commitment (ADSC), forfeit the transferred benefit and any benefits. Therefore, while it is possible there was an error in the processing of the applicant’s election to transfer his benefits, we believe this error is harmless as his separation under TERA should have nullified his entitlement to any transferred benefits. In view of the foregoing, we conclude that the applicant has not been the victim of an 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-2013-02108 in Executive Session on 27 Jan 14 and 6 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Apr 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 8 May 13. Exhibit D. Letter, SAF/MRBR, dated 10 May 13. Panel Chair