RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05971
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

His application date to transfer his education benefits be 
amended to 3 Nov 09 for the Reserve service commitment in 
conjunction with the Post 9/11 GI Bill.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He suspects his application was incorrectly processed or the 
database was compromised for the Transfer of Education Benefits 
(TEB) website.

He retained copies of his Reserve Service Commitment Contract, 
showing a signed date of 3 Nov 09, as well as a copy of the 
Veterans Affairs (VA) Form 22-1990 printed on 3 Nov 09.  He also 
has copies of email correspondence and point summaries dating 
back to Nov 09 and Apr 10.

The discovery was made while registering additional point 
credits to achieve a 100 percent VA benefit rate.

In support of his appeal, the applicant provides copies of his 
Reserve Service Commitment Contract, dated 3 Nov 09; his VA Form 
22-1990 (VONAPP), and email correspondence between his base 
education office and the local VA representative.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant, an Air Force Reserve officer, is currently 
serving in the grade of lieutenant colonel.  He has completed 
21 years of satisfactory Federal service.

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AIR FORCE EVALUATION:

AFRC/A1K recommends denial, noting that the Statement of 
Understanding (SOU) he signed states in part, "I will incur a 
service obligation and a Reserve Service Commitment will be 
updated in my records effective from the date of application in 
the Defense Manpower Data Center (DMDC) Transfer of Benefits 
website."  Signing the Statement of Understanding does not 
complete the transfer process.  The service members must log 
into the TEB system and transfer benefits to their dependents.  
The application for benefits on file for the applicant was 
submitted on 18 Dec 12.  His obligation period is three years 
from that date.  His obligation ends on 17 Dec 15.  There is no 
other application for benefits on file in the TEB system for the 
applicant and they have no reason/evidence to believe the 
database was compromised or incorrectly processed.

The complete A1K evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Apr 13 for review and response.  As of this 
date, no response has been received by this office (Exhibit C).

________________________________________________________________

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 error or injustice.  The documents 
and email correspondence provided by the applicant are duly 
noted; however, we do not find them sufficient to substantiate 
his claim.  Therefore, we agree with the opinion and 
recommendation of the Air Force Reserve office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice.  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-2012-05971 in Executive Session on 24 Sep 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Dec 12, w/atchs.
     Exhibit B.  Letter, AFRC/A1K, dated 8 Apr 13.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Apr 13.




                                   Panel Chair
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