RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02553 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to her dependents. APPLICANT CONTENDS THAT: On 11 June 2010, she received an email from the Air Force Personnel Center (AFPC) stating her TEB was approved. By receiving this email it was understood no further action was required. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 10 July 1990. On 16 November 2009, the applicant applied for a retirement effective date of 1 August 2010. Special Orders Number AC-002254, dated 14 December 2009, retired the applicant effective 1 August 2010. On 14 May 2010, the applicant submitted a request for TEB. On 11 June 2010, the applicant received an email from the AFPC, Total Force Service Center, stating her application for TEB was approved. On 11 June 2010, the applicant signed the Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding. In accordance with Air Force Instruction 36-2306, Voluntary Education Program, the applicant was required to obtain one year of additional service. The record contains no evidence that the applicant applied for additional retainability to satisfy the requirements for TEB benefits. The applicant retired on 1 August 2010 in the grade of technical sergeant under the provisions AFI 36-3203 (Voluntary Retirement – Sufficient Service for Retirement). She served 20 years and 21 days on active duty. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant applied for TEB with an approved retirement date of 1 August 2010. The technicians in the Total Force Service Center (TFSC) should have rejected her TEB request submitted on 14 May 2010 because she would not be able to complete the one year service obligation. Instead the TFSC approved her TEB application but applied the proper guidance (one year from the date of request IAW AFI 36-2306, Attachment 9, A9.18.l.4.3). When her dependents attempted to use the benefit in 2014, they were rejected because she did not fulfill the required Obligation End Date. She was then (and now) ineligible. She made no other attempt to apply for TEB outside of her 14 May 2010 application. The complete AFPC/DPSIT evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 October 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). 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 not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. However, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, the majority of the board is persuaded that relief is warranted. In this respect, we note the applicant applied for TEB with an approved retirement date of 1 August 2010. Prior to her retirement date her request for TEB was approved by the TFSC; however, upon initiating the TEB benefit in 2014 the applicant was informed that she was not eligible for TEB because she did not satisfy her additional service obligation. The majority of the Board believes that because the applicant was informed that she was approved for TEB, and was otherwise not informed of her ineligibility by the Air Force, that her subsequent denial of TEB benefits creates an injustice for the applicant. As such, the majority of the Board finds the evidence sufficient to conclude that it is in the interest of justice to recommend correction of her records as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 August 2009, she elected to transfer her Post-9/11 GI Bill Educational Benefits to her eligible dependents, generating an active duty service commitment of one year, with a 31 July 2010 expiration date. The following members of the Board considered AFBCMR Docket Number BC-2014-02553 in Executive Session on 5 August 2015 and 19 November 2015 under the provisions of AFI 36-2603: By a majority vote, the Board recommended approval of the application. ---- voted to deny the applicant’s request but does not desire to submit a minority report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014- 02553 was considered: Exhibit A. DD Form 149, dated 19 June 2014, w/atchs. Exhibit B. Memorandum, AFPC/DPSIT, dated 3 July 2014. Exhibit C. Letter, SAF/MRBR, dated 10 October 2014.