RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02149
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The application he completed for the Transfer of Educational
Benefits (TEB) be approved.
__________________________________________________________________
APPLICANT CONTENDS THAT:
He was misinformed about the fact that he had to sign a Statement
of Understanding (SOU). He was advised that an email was sent to
him to sign the SOU; however, he was in a joint assignment.
Therefore, he never received any e-mails pertaining to the SOU.
The applicants complete submission is at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
Post-9/11 GI Bill Transferability: Any member of the Armed Forces
(active duty or Selected Reserve, officer or enlisted) on or after
1 Aug 2009, who is eligible for the Post-9/11 GI Bill.
__________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that on 10 Feb 2010,
the applicant submitted an application for the Post-9/11 GI Bill
through the DMDC website. On 10 Feb 2010, he was sent an email
requesting he sign his SOU. On 24 Feb 2010, he was sent another
email stating his application had expired because he did not sign
the SOU. Had the applicant contacted the Total Force Service
Center (TFSC), he would have received guidance to return to the
virtual Military Personnel Flight to sign the SOU. Without
signing the SOU there is no way the TFSC knew he wanted to
obligate the 4-years required for TEB. DPSIT finds there has been
no injustice to the extent that the applicant did not receive
adequate counseling as required by law and DoD regulations.
The complete DPSIT evaluation, with attachments, is at Exhibit B.
__________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 19 Sep 2013, a copy of the Air Force evaluation was forwarded
to the applicant 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 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 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 BC-2013-
02149 in Executive Session on 12 Mar 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
?
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR BC-2013-
02419 was considered:
Exhibit A. DD Form 149, dated 25 Apr 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 20 Aug 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 2013.
Panel Chair
2
2
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