RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02945 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill educational benefits to her daughter. APPLICANT CONTENDS THAT: She applied and was approved to transfer her educational benefits (TEB) to her daughter; however, it was later denied because she was unable to fulfill her military service obligation end date. She was passed over twice for promotion and as a result was given a mandatory separation date (MSD). However, her service commitment for TEB should have been adjusted since she received a MSD. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 January 1991. According to AFPC/DPSOR, the applicant became a non-select for promotion to the grade of lieutenant colonel (O-5) for the second time during calendar year 2006A (CY06A) lieutenant colonel central selection board, that convened on 13 March 2006. On 21 August 2006, the applicant accepted continuation on active duty to begin on 1 January 2007 until she reached 20 years total active federal military service. According to AFPC/DPSIT, on 26 October 2009, the applicant applied for TEB and incurred a two year active duty service commitment (ADSC) until 25 October 2011. On 20 September 2010, the applicant applied for retirement due to her mandatory separation date, effective 1 February 2011. On 31 January 2011, the applicant was relieved from active duty and retired, effective 1 February 2011, and was credited with 20 years and 16 days of total active service. In accordance with AFI 36-2306, Voluntary Education Program, eligible individuals requesting TEB that have at least ten years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, but are precluded by either Air Force policy, Department of Defense policy or statute from committing to four additional years of service and agree to serve for the maximum amount of time allowed by such policy or statute, are eligible to transfer unused benefits to dependents. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibits C. AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. The applicant was improperly processed by the Total Force Service Center on her eligibility for TEB. She applied for TEB on 26 October 2009 and incurred a two year ADSC to 25 October 2011. However, she was passed over twice for promotion to lieutenant colonel and had to retire effective 1 February 2011. Since the applicant was passed over for promotion and given a mandatory date of separation (DOS) of 1 February 2011, she could not serve to her obligated end date to 25 October 2011. As such, in accordance with AFI 36-2306 her obligation end date for TEB should have been adjusted to her new DOS of 31 January 2011. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states she and her supervisor were advised by the Total Force Center of her February 2011 retirement date. After several back and forth transmission with the Total Force Center, she was released to start terminal leave. She is unaware of any additional transactions changing her date of release. Also, the Department of Veterans Affairs has submitted paperwork requesting the funds her son received from her GI Bill to be repaid in full. However, it is not her fault that her son received the funds to which he was entitled to receive and thereby should not be penalized while this case is under review. The applicant’s complete response is at Exhibit E. 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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant has not been the victim of an error or injustice. While we note the comments of the Air Force office of primary responsibility (OPR) indicating that relief should be granted, we find that she is ineligible for TEB. In accordance with governing policy, a member who has been selected for separation is not eligible to be approved for TEB i.e., twice passed over for promotion. However, in accordance with AFI 36-2306, any member already approved for TEB who separates under disability, FORCE SHAPING or REDUCTION IN FORCE will retain their eligibility. While the Post-9/11 GI Bill was enacted to be a reward for service during a time of conflict, TEB was for the express purpose of recruitment and retention. Therefore, in the absence of evidence to the contrary, or that the applicant has been treated differently than others similarly situated, we find no basis to grant 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-2014-02945 in Executive Session on 14 October 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02945 was considered: Exhibit A.  DD Form 149, dated 14 July 2011, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIT, dated 4 February 2015, w/atchs. Exhibit D.  Letter and Electronic Mail, SAF/MRBR, dated 30 April 2015 and 16 June 2015. Exhibit E.  Electronic Mail, Applicant, dated 17 June 2015.