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 applicants 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.
________________________________________________________________
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
3
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