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AF | BCMR | CY2012 | BC-2012-03898
Original file (BC-2012-03898.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03898 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His application for Transfer of Educational Benefits (TEB) be 
approved. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 14 June 2008, he reenlisted for 5 years and 2 months extending 
his enlistment to August 2013. The TEB program began in August 
2009. He submitted his first request on 28 August and was denied 
due to no retainability. He reapplied on 3 December 2009 and did 
not receive notification that further action was required. 
According to PSDM 09-44 he met all requirements to transfer 
benefits as his Date Eligible to Return from Overseas (DEROS) was 
13 August - which satisfied requirements for a 3-year service 
commitment. If a current Statement of Understanding (SOU) needs 
to be completed, he will accomplish upon [the Board’s] decision 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the grade of master 
sergeant. 

 

Any member of the Armed Forces (active duty or Selected Reserve, 
officer or enlisted) on or after August 1, 2009, who is eligible 
for the Post-9/11 GI Bill, and has at least 6 years of service in 
the Armed Forces on the date of election and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election, may transfer unused Post-9/11 benefits to their 
dependents. 

 

 

 

 

 

 


The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the appropriate office of the Air Force at 
Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DPSIT recommends denial. DPSIT states the applicant’s 
application is not supported with evidence that he was a victim 
of an error or injustice. Following the notes in Right Now 
Technology (RNT_ it seems the applicant never made the attempt to 
follow through with signing the Statement of Understanding (SOU). 
He was sent an email on 28 August 2009 requesting him to sign and 
return the SOU and given step by step instructions on how to 
accomplish the signing of the SOU. On 3 December 2009, an email 
was sent to the applicant stating that AFPC Service Center 
received his application for TEB and stating that the application 
will expire in 30 days. The email listed the instructions on how 
to sign the SOU; he never submitted the signed SOU. The email 
sent to the applicant clearly states the application process and 
that he needs to sign the SOU through the vMPF and that this 
needs to be accomplished within 30 calendar days. DPSIT finds 
there has been no injustice to the extent that the applicant did 
not receive adequate counseling as required by law and DoD 
regulation. 

 

The DPSIT complete evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant provided a second DD Form 149 (Application for 
Correction of Military Record) requesting his application for TEB 
be changed. He states there is conflicting information that was 
received from AFPC pertaining to the TEB. 

 

The applicant’s complete response, with attachments is at 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. The 
applicant’s contentions are duly noted; however, we agree with 
the opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an error 
or injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an 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-2012-03898 in Executive Session on 5 June 2013, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03898 was considered: 

 

 Exhibit A. DD Form 149, dated 17 August 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIT, dated 13 September 2012, 

 w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 24 September 2012. 

 Exhibit D. DD Form 149, dated 18 October 2012, w/atchs. 

 

 

 

 



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