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AF | BCMR | CY2013 | BC 2013 04100
Original file (BC 2013 04100.txt) Auto-classification: Denied
		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 applicant’s 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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