RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01936
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The application he completed for the Transfer of Educational
Benefits (TEB) in early Aug 2009 be accepted.
________________________________________________________________
APPLICANT CONTENDS THAT:
In the first half of 2009, he full-filled the requirements to
transfer his GI bill to the Post-9/11 benefits solely to pay for
his children's college education. He is now being told that he
did not complete all the requirements. His High Year of Tenure
(HYT) is 1 May 2017 [sic], but it was not his intention to stay to
HYT. He has moved twice since this action was taken and he does
not have any supporting documentation.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 18 Apr 2013, the applicant entered into a 4-month extension for
the purpose of TEB via AF Form 1411, Extension or Cancellation of
Extensions of Enlistment in the Regular Air Force Air Force
Reserve, Air National Guard. His HYT is 5 Apr 2017.
On 13 May 2013, the applicant signed the Post-9/11 GI Bill TEB
Statement of Understanding.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that the applicant did
not provide adequate justification or documentation to support his
claim. The applicant could not have applied in the early part of
2009, because the TEB did not come into effect until 1 Aug 2009.
Additionally, he provides no evidence of being improperly
counseled with regards to TEB. DoD developed a special website,
hosted by the Defense Manpower Data Center (DMDC), to facilitate
the transfer of educational benefits. The website system was
operational on 27 Jun 2009 for the purpose of accepting TEB
applications. There is no evidence the applicant ever attempted a
TEB application from 1 Aug 2009 through 11 Apr 2013.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 10 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 its
rationale as the basis for our conclusion 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.
________________________________________________________________
?
The following members of the Board considered AFBCMR BC-2013-01936
in Executive Session on 16 Dec 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 1 May 2013.
Exhibit D. Letter, SAF/MRBR, dated 10 May 2013.
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