RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03612
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
When filling out the TEB application online through the
MilConnect and completing the Statement of Understanding (SOU),
he electronically signed the application in 2009.
In support of the applicants appeal, he provides a personal
statement, MilConnect documentation, Department of Veterans
Affairs (VA) documentation and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
Special Order No. AC002516 dated 22 December 2009 reflects the
applicant retired effective 1 January 2010 per AFI 36-3203 in
the grade of technical sergeant. He served 20 years, 1 month
and 18 days of active service for retirement.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant
applied for TEB on 17 December 2009. Effective 7 December 2009,
the applicant had an approved retirement date of 31 December
2009. Based on the applicants Total Active Federal Military
Service Date (TAFMSD), 13 November 1989, he would have incurred
a one year Active Duty Service Commitment (ADSC) to be approved
for TEB.
The applicants application was rejected not due to the SOU, but
because the applicant could not serve until 16 December 2010
(due to the approved retirement date).
The DPSIT complete evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 September 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicants 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 in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-03612 in Executive Session on 26 June 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 July 2013, w/atchs.
Exhibit B. Special Order No. AC 002516.
Exhibit C. Letter, AFPC/DPSIT, dated 21 August 2013.
Exhibit D. Letter, SAF/MRBR, dated 6 September 2013.
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