RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05452
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect he accomplished his Post-9/11
GI Bill transfer of educational benefits (TEB) on 24 Nov 09,
instead of 9 Oct 12.
________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted his original TEB paperwork with a signed Statement
of Understanding (SOU) on 24 Nov 09 but for some reason, it did
not go through at that time.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant (E-7).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. The applicant did not obtain the
required retainability needed for approval of his TEB
application. On 20 Nov 09, he was sent an email informing him
that he would incur an Active Duty Service Commitment (ADSC) for
two years and detailed instructions on how to obtain the
retainability. He was also notified that failure to submit the
required documentation or obtain retainability in a timely
manner would result in disapproval of his application for
transferability. The applicant contends that he was having
trouble signing the SOU but this was because he had not obtained
the retainability prior to trying to sign the SOU. The
applicant was provided step-by-step instructions on how to
accomplish the signing of the SOU. On 25 Nov 09, another email
was sent to the applicant informing him of a change to the
process that clearly outlined the application process and the
need for the applicants retainability and signed SOU within 30
calendar days. On 8 Jan 10, the applicant was sent another
email informing him that his eligibility for TEB had expired
because he failed to get the required retainability.
A complete copy of the AFPC/DPSIT evaluation, with attachments
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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. We took
notice of the applicant's complete submission in judging the
merits of the case; 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 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 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-2012-05452 in Executive Session on 12 Sep 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Nov 12.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 4 Dec 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.
Panel Chair
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