Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 01026
Original file (BC 2013 01026.txt) Auto-classification: Denied
		RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01026
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect his active duty service 
commitment (ADSC) as of 9 February 2012, the date he submitted 
his original Post-9/11 GI Bill transfer of educational benefits 
(TEB) request. 
________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his ADSC to be based on his original submittal 
date.  He submitted a Post-9/11 GI Bill TEB packet on 9 February 
2012.  This packet was subsequently denied but he did not 
receive notification of the denial until he returned from 
deployment in January 2013 and noted that he did not show an 
ADSC for Post-9/11 GI Bill TEB.  Since he never received 
notification of the denial and since he went step by step 
through the process with a service representative and believed 
the application was complete, he feels he did not have the 
opportunity to correct the mistake.  

The applicant did not submit any evidence in support of his 
request.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of Major, O-4.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the initial 
notification email was sent to the applicant’s email address on 
the global address list (GAL).  Additionally, the applicant had 
the option to specify a personal email address.  The applicant 
states he did not receive the notification back in 2012, yet 
when he applied in 2013, the notification went to the same email 
address listed in 2012.  He submitted his application for 2013 
without any problems and even signed the statement of 
understanding (SOU) dated 26 February 2013.  

The complete AFPC/DPSIT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 31 March 2013, for review and comment within 
30 days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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.  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 that the applicant has 
not been the victim of an error or injustice.  We note the 
applicant’s assertion that he suffered an injustice when he did 
not receive an email concerning the SOU; however, he has not 
provided sufficient evidence to support that he was treated 
differently than other members in a similar situation.  
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 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 this application 
in Executive Session on 16 December 2013, under the provisions 
of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01026 was considered:  

    Exhibit A.  DD Form 149, dated 27 February 2012, w/atch.
    Exhibit C.  Letter, AFPC/DPSIT, dated 14 March 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 31 March 2013.




                                   
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03062

    Original file (BC 2013 03062.txt) Auto-classification: Denied

    He submitted an application for the TEB on 13 March 2011 at which point he thought the application process was complete. 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. Without the signing of an SOU there is no way the TFSC has any idea the applicant wants the obligated four year ADSC that goes along with the transfer of the benefit.

  • AF | BCMR | CY2013 | BC 2013 02517

    Original file (BC 2013 02517.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: He registered for the Post 9/11 GI Bill and Transfer of Education Benefits (TEB) in Nov 2009 but unfortunately, was not aware he was required to sign a Statement of Understanding (SOU) concurring with the 4 year Active Duty Service Commitment (ADSC) required for TEB. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the...

  • AF | BCMR | CY2012 | BC-2012-03439

    Original file (BC-2012-03439.txt) Auto-classification: Approved

    He was sent an email on 23 February 2010 requesting him to sign and return the SOU. Based on the fact that the applicant signed the ADSC and served the time requirement clearly establishes his intent to transfer benefits to his dependents. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that on 10 March 2010, he elected to transfer...

  • AF | BCMR | CY2013 | BC 2013 01346

    Original file (BC 2013 01346.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 Mar 13, a copy of the Air Force evaluation, with attachments, was forwarded to the applicant for review and comment within 30 days (Exhibit C). However, considering that at the time of his original 12 Dec...

  • AF | BCMR | CY2013 | BC 2013 05219

    Original file (BC 2013 05219.txt) Auto-classification: Approved

    Transferability of unused benefits to dependents: • Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: o Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees...

  • AF | BCMR | CY2012 | BC-2012-03046

    Original file (BC-2012-03046.txt) Auto-classification: Approved

    The applicant applied for Transfer of Education Benefits (TEB) in July 2010, but on 16 August 2010 AFPC sent a rejection of his application because he did not sign his Statement of Understanding (SOU). The evidence of record indicates that although the applicant applied for TEB in July 2010, he failed to complete the SOU. As such, we find the evidence sufficient to conclude that it is in the interest of justice to recommend correction of his records as indicated below.

  • AF | BCMR | CY2013 | BC 2013 04298

    Original file (BC 2013 04298.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04928 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 17 Aug 11. He should be granted the 17 Aug 11 TEB transfer date because he met the requirements by signing the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of...

  • AF | BCMR | CY2013 | BC-2013-01228

    Original file (BC-2013-01228.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01228 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect his active duty service commitment (ADSC) date as of December 2009 when he originally submitted his Post-9/11 GI Bill transfer of educational benefits (TEB) request. The complete AFPC/DPSIT evaluation is at Exhibit...

  • AF | BCMR | CY2012 | BC-2012-00720

    Original file (BC-2012-00720.pdf) Auto-classification: Denied

    The complete AFPC/DPSIT evaluation is at Exhibit B. He believes his ADSC should be 9 June 2015 based on his original intent for the TEB and the fact that he did not receive an email concerning the SOU and an expired TEB application. We note the applicant’s assertion that he suffered an injustice when he did not receive an email concerning the SOU and an expired TEB application; however, he has not provided sufficient evidence to support that he was treated any differently than other...

  • AF | BCMR | CY2013 | BC-2012-05210

    Original file (BC-2012-05210.txt) Auto-classification: Approved

    He completed the required application to transfer his Post- 9/11 GI Bill TEB to his dependent. On multiple occasions in the months of January through March, his network administrators worked on his computer multiple times a week sometimes even several times a day. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22 February 2010, he...