RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04100
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to:
a. reinstate his Post-9/11 GI Bill transfer of education
benefits (TEB) application accomplished in October 2012.
b. rescind the 5 August 2013, application denial.
________________________________________________________________
APPLICANT CONTENDS THAT:
When he submitted his TEB application, he followed all
directions and rules including obtaining four years of
retainability and submitting his statement of understanding
(SOU), after which, his case showed completed. It was not until
nine months after application that he was notified by email that
his TEB was denied. This was time he could have used to
resubmit his application. As a result, his retirement
eligibility date will be delayed. The SOU was loaded into the
Automated Records Management System (ARMS), without any issues.
Nine months is an unacceptable delay for dealing with military
commitments.
In support of his request, the applicant submits copies of his
TEB statement of understanding, AF Form 1411, Extension or
Cancellation of Extension of Enlistment in the Regular Air Force
(REGAF)/Air Force Reserve (AF Reserve),Air National Guard (ANG),
and AF Form 1089, Leave Settlement Option.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of Senior Master Sergeant (SMSgt), E-8.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicant did
not provide adequate justification or documentation. He was
sent an initial notification through Right Now Technology (RNT)
on 12 October 2012, stating the TEB application would expire in
14 calendar days, and to be approved, he must sign the required
Statement of Understanding (SOU) and/or obtain the needed
retainability (in this case, four years). The applicant failed
to do so within 14 days and the application was rejected on
26 October 2012. The applicant did not obtain retainability
until 28 January 2013, and did not sign the TEB SOU until
23 January 2013. Finally, the applicant only contacted the
Total Force Service Center after a TEB audit email was sent to
him directly on 5 August 2013. In accordance with (IAW) AFI 36-
2306, Voluntary Education Program, attachment 9, A9.18.1.2,
members must have at least six years of service in the Armed
Forces on the date of request and agree four additional years in
the Armed Forces to be approved. Because the applicant did not
meet this requirement during the application period, it expired
and, by regulation, he must reapply for TEB. Eligibility will
be determined on the date of his new request.
The complete AFPC/DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 18 February 2014, for review and comment within 30
days (Exhibit C). 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. After a thorough
review of the evidence of record and applicant's submission, we
believe that relief is not warranted in this case. Therefore, we
agree with the opinion and recommendation of the Air Force office
of primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim of
an error or injustice. In view of the above and 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 26 June 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04100 was considered:
Exhibit A. DD Form 149, dated 15 August 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 18 September 2013.
Exhibit C. Letter, SAF/MRBR, dated 18 February 2014.
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