RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00802
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her 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:
She was incorrectly counseled on three occasions regarding TEB.
She was counseled regarding the four year ADSC and that the time
for the commitment started when she enrolled, with no additional
action needed on her part. On 23 Mar 11, she discovered there
was an application process which began the TEB process.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
There is no evidence that the applicant applied for TEB in the
Defense Manpower and Data Center system.
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of primary
responsibility which is included at Exhibits C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial of the applicants request to
change her ADSC from 13 Apr 2015 to 17 Sep 13 indicating there
is no evidence of an error or an injustice. There is no record
she applied for TEB through MILCONNECT on 17 Sep 09. Without a
signed Statement of Understanding (SOU) the Total Force Service
Center (TFSC) cannot determine if she accepts the four (4) year
ADSC; no eligibility for the program could be established. The
law/regulation cite the date of request, per AFI 36-2306,
Voluntary Education Programs, Attachment 9, A9.18.1.2, A9.18.1.3
and A9.18.1.4, as the date on which the appropriate service
obligation would be established.
The applicant states she was incorrectly counseled when in fact
she was counseled correctly. Apply through the Department of
Veterans Affairs (DVA) simply determines eligibility for the
member and cannot be used to establish eligibility under the TEB
process due to the fact that the DVA does not administer the
required Obligation/ADSC; each Service component administers its
respective obligations. Without a submission through
MILCONNECT, the proper service obligation cannot be administered
or fulfilled. According to the Defense Manpower Data Center
(DMDC), the member has never applied for the TEB.
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-2014-00802 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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