RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05876
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His transfer of education benefits (TEB) approval be amended to
reflect 1 Aug 11, rather than 16 May 13.
APPLICANT CONTENDS THAT:
After submitting his request for TEB, he was notified he did not
have retainability and needed to submit a Statement of
Understanding (SOU). He submitted his promotion SOU. He later
found out that a TEB request required a different SOU.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force 9 Mar 93.
On 16 Nov 11, the applicant entered into a 26 month extension to
qualify for TEB. His new date of separation (DOS) was
established as 7 Nov 15. Had the applicant transferred his
benefits on 1 Aug 11 as he requests, he would have incurred an
active duty service commitment (ADSC) of four years and been
required to serve until 31 Jul 15.
On 6 Jun 13, the applicant entered into his second extension for
25 months to qualify for TEB. His new date of separation was
established as 7 Mar 17.
On 3 Feb 14, the applicant submitted an application for
retirement with an effective date of 1 Jun 14.
On 3 Feb 14, the applicants commander requested a waiver for
the applicants ADSC for TEB noting the applicants Air Force
Specialty Code (AFSC) 8F000 was currently manned at 100 percent,
his original AFSC 3E0X1 was over manned, and the last ADSC was
accomplished at the direction of the Air Force Personnel Center
(AFPC).
On 1 Jun 14, the applicant retired and was credited with 21
years, 2 months, and 22 days of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of
an error or injustice. The applicant did not meet the
eligibility requirements as prescribed by law. The applicants
first TEB application clearly stated the service member must use
the vMPF to complete the TEB SOU. It also stated if the service
member did not meet the retainability requirements and failed to
sign the TEB SOU within 14 days, the application would be
rejected. The applicant failed to complete both actions within
the required time period. He reapplied on 26 Oct 11 and again
failed to secure retainability and sign the TEB SOU within 14
day period. He was provided a TEB extension until 16 Nov 11;
however, he failed to sign the TEB SOU.
Service members, who apply for TEB through the MilConnect
website, are forwarded a message that states the transfer
request is not final until the AF Form 4406, Post-9/11 GI Bill
Transfer of Educational Benefits Statement of Understanding, is
digitally signed in vMPF. Within 72 duty hours, the service
member will receive an email from the AFPC stating their AF Form
4406 is ready for signature. The service member is instructed
to call the Total Force Service Center (TFSC) if they did not
receive the email. The applicant did not inquire about his TEB
requests until 22 Mar 13. He was officially approved for TEB on
16 May 13. If the applicant fulfills his active duty service
commitment (27 Feb 17), he will retain the TEB benefits.
A complete copy of the AFPC/DPSIT evaluation, with attachments,
is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 20 May 14 for review and comment within 30 days
(Exhibit D). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2013-05876 in Executive Session on 8 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 8 Jan 14,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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