RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-00049
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________
APPLICANT REQUESTS THAT:
His Transfer of Education Benefits (TEB) application be
approved.
________________________________________________________________
APPLICANT CONTENDS THAT:
The reason his TEB application was disapproved was “Service
Member (SM) has not committed to the required additional service
time.” At the time he applied (11 December 2009) he was not
directed or informed about having to sign the AF Form 4406 Post-
9/11 GI Bill Transfer of Education Benefits Statement of
Understanding to complete the application process. The web site
he visited only had a check box to indicate he understood the
additional service time requirement and nothing more. He never
received an email stating an “AF Form 4406 is ready for
signature” or any other correspondence indicating his
application was disapproved. He was under the impression that
his TEB request was complete until he discovered the milConnect
website on 10 November 2011.
In support of his request, the applicant provides a copy of his
milConnect Transfer of Education Benefits screen print stating
disapproval of his TEB request and a copy of the Veterans
Affairs (VA) Educational Benefits Brief dated 2 April 2009;
absent any mention of the AF Form 4406.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of Lieutenant Colonel with an effective Date and date
of rank of 1 August 2007.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states, the Department of
Veterans Affairs (DVA), Department of Defense (DoD), and the
military services widely publicized the Post 9-11 GI Bill and
the transferability feature to make sure every eligible service
member understood the process for transferring benefits. The
Transfer of Benefits (TEB) system began accepting applications
as of 27 June 2009, with an effective date no earlier than
1 August 2009.
The applicant submitted his TEB application on 14 December 2009.
His request was received from the AFPC Service Center with a
detailed explanation of what needs to be completed by the
member. On 19 January 2010, a notification was sent to the
applicant stating that his application had expired because the
statement of understanding (SOU) was not signed. The applicant
did not contact the AFPC Service Center until 8 November 2011 to
inquire about his application being disapproved.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 November 2011, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). To date, this office has not received a response.
________________________________________________________________
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. After a thorough
review of the evidence of record and applicant's submission, we
believe that relief is not warranted in this case. Therefore, 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 or injustice. In view of the above and in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
2
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2012-00049 in Executive Session on 13 September 2012,
under the provisions of AFI 36-2603:
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 December 2011.
Exhibit B. Letter, AFPC/DPSIT, dated 17 February 2012.
Exhibit C. Letter, SAF/MRBR, dated 8 March 2012.
Panel Chair
Panel Chair
Member
Member
3
INITIALS DATE
________ ________
DOCKET NO:
BC-2012-00049
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD
IN THE MATTER OF:
XXXXXXXXXX
MCD: 5 November 2012
ROUTE IN TURN
1. CHIEF EXAMINER
(Coord/Signature)
2. EXECUTIVE DIRECTOR/
DEPUTY EXECUTIVE DIRECTOR
(Coordination)
3. EXAMINER FOR DISPATCH
4. XXXXXXXXXX
PANEL CHAIR
(Signature on Proceedings)
7. EXAMINER
4. AFBCMR (Processing)
DEBORAH F. DAVIDSON
Examiner
Air Force Board for Correction
of Military Records
________ ________
________ ________
________ ________
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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