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AF | BCMR | CY2014 | BC 2014 01917
Original file (BC 2014 01917.txt) Auto-classification: Denied
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 applicant’s 
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 applicant’s 
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 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 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 applicant’s 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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