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AF | BCMR | CY2013 | BC-2013-01936
Original file (BC-2013-01936.txt) Auto-classification: Denied
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.  Applicant’s 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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