AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
COUNSEL: NONE
DOCKET NUMBER: BC-2012-02407
HEARING DESIRED: NO
IN THE MATTER OF:
____________________
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Service Commitment (RSC) be adjusted in the Transfer
of Benefits (TEB) System.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is currently serving on a three-year Extended Active Duty
(EAD) tour under the Limited Period Recall Program which should
satisfy the requirements for electing TEB.
Before returning to active duty, he signed a Reserve Service
Commitment for three years for his election of Post 9/11 GI Bill
TEB with an Active Duty Service Commitment (ADSC) of 2 December
2012. Since then, his obligation end date is reflected as
20 October 2013 in the Secretary of Defense website. Therefore,
he cannot retire after his current period of service. He
believes his commitment should be based on his Statement of
Understanding (SOU) and the RSC on file.
In support of his appeal, the applicant provides copies of his
TEB documents.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently a member of the Air Force Reserve who
is serving on an EAD tour in the grade of lieutenant colonel (O-
5).
The remaining relevant facts, extracted from the applicant’s
military service records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. A1K states the applicant did not
apply in the TEB system until 21 October 2010, almost one year
from the date he completed his SOU. Based on the governing
directives of the program, the RSC begins on the date the member
applies in the TEB system.
The complete DPSIT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 August 2012, for review and comment within 30 days (Exhibit
C). As of this date, this office has received no response.
________________________________________________________________
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 their
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.
________________________________________________________________
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.
________________________________________________________________
2
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-02407:
Exhibit A. DD Form 149, dated 11 May 12, w/atchs.
Exhibit B. Letter, AFRC/A1K, dated 6 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 22 Aug 12.
The following members of the Board considered AFBCMR Docket
Number BC-2012-02407 in Executive Session on 11 February 2013,
under the provisions of AFI 36-2603:
____________________, Panel Chair
____________________, Member
____________________, Member
______________________
Acting Panel Chair
3
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