RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01917
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. A signed Statement of Understanding (SOU) be included in his
records, effective 31 July 2011.
2. He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents.
APPLICANT CONTENDS THAT:
He believes the record to be in error because his service
computation date was incorrectly assessed and his application
file for TEB erroneously failed to include a SOU, dated 31 July
2011, as part of his official record. On 31 July 2011, while on
active duty, he submitted an application for TEB. In 2011, he
received no indication from the Air Force Personnel Center
(AFPC) or other Air Force officials of any problem with his
application. He assumed the education benefits transferred
without any problems. On 17 March 2014, while attending the
Transition Assistance Program (TAP), he discovered that his
application for TEB was disapproved. Upon further inquiry with
AFPC personnel, he was informed that his disapproval was due to
no signed SOU in his personnel file; however, he states that he
completed a SOU and provided this document in his original TEB
submission. He was sent an email on 31 October 2012 notifying
him of the missing SOU and the need to resubmit his TEB
application. He states he filled out all the necessary
paperwork in July 2011 in good faith and reviewed his benefits
at the time and feels this new commitment is unjust.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of lieutenant colonel.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states the applicants
Total Active Federal Military Service Date (TAFMSD) is 22 July
1993. The applicant initially applied for TEB on 31 July 2011.
An email was sent to applicant from the Total Force Service
Center (TFSC) on 1 August 2011 stating his application was
received. TFSC personnel sent the member an email on 15 August
2011 stating his application had expired because he did not sign
the SOU. On 15 August 2011, the applicants MILCONNECT site for
the TEB displayed the reject notice and directs the applicant to
contact a service representative to resolve issues. An email
was sent to member on 31 October 2012 in regards to an audit of
his records, stating he never signed the SOU and would need to
reapply. The applicant never reapplied. The applicant never
contacted the TFSC regarding his application.
There is no record the applicant signed his SOU on 31 July 2011.
Emails were sent to the applicant with instructions for
completing his application. Without a signed SOU, TFSC
personnel cannot determine if the applicant accepts the 4 year
Active Duty Service Commitment (ADSC); therefore, no eligibility
for the program could be established, as the law/regulations
cite the date of request as the date on which the appropriate
service obligation would be established. Without a signed SOU,
the TEB application cannot be approved. The date used for
computation of eligibility for retirement is the applicants
TAFMSD (22 July 1993). The member's dates for Reserve time
where adjusted to include time served in the Reserves. The
member would have incurred a four year ADSC commitment from the
date of application for the transfer of benefits to dependents
(30 July 2015).
The DPSIT complete evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 October 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). 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 is timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants 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 the
rationale expressed 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an 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 members of the Board considered AFBCMR Docket
Number BC-2014-01917 in Executive Session on 20 February 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 2014, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 14 May 2014, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 October 2014.
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