RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00801
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) date be adjusted to
17 Sep 13 instead of 13 Apr 15 for the purposes of the Post-9/11
GI Bill Transfer of Educational Benefits (TEB).
APPLICANT CONTENDS THAT:
He was incorrectly counseled on three occasions regarding TEB.
He was counseled regarding the four year ADSC and that the time
for the commitment started when he enrolled, with no additional
action needed on his part. On 23 Mar 11, he discovered there is
an application process which begins the TEB process as well as
the TEB service commitment.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving on active duty as a major.
On 23 Mar 11, according to the Defense Manpower Data Center
(DMDC) application, he applied for TEB the first time.
Additionally, he inquired with the Total Force Service Center
(TFSC) stating he was in the process of submitting his TEB on
that day.
On 8 Apr 11, the application he submitted on 23 Mar, 11 was
rejected because he failed to sign the Statement of
Understanding (SOU).
On 14 Apr 11, he submitted his application for TEB which was
ultimately approved on 21 Apr 11. Therefore, based on the
applicants Total Active Federal Military Service Date he would
incur a four year ADSC from the date of his TEB request giving
him an ADSC of 13 Apr 15.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial of the applicants request to
change his ADSC from 13 Apr 2015 to 17 Sep 13 indicating there
is no evidence of an error or an injustice. There is no
evidence he applied for TEB through MILCONNECT on 17 Sep 09.
His first attempt at applying was 23 Mar 11, but given his
failure to sign the SOU it was not approved. While he states he
signed a VA Form 22-1990, Application for VA Education Benefits,
it is impossible to ascertain whether this was an attempt for
the member to use the benefit for himself or if he truly felt
this action would transfer his education benefits.
The complete DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission, including
attachments, 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00801 was considered:
Exhibit A. DD Form 149, dated 11 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 4 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 15 May 14.
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