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AF | BCMR | CY2014 | BC 2014 02736
Original file (BC 2014 02736.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02736

  			COUNSEL:  NONE

			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) date be changed for 
Transfer of Education Benefits (TEB).


APPLICANT CONTENDS THAT:

On 14 Jan 14, he was notified by the virtual Military Personnel 
Flight (vMPF) that his TEB application approval required him to 
extend his reenlistment by nine months.   He signed the 
Statement of Understanding (SOU) on 2 Jun 14 for which his TEB 
application was approved, incurring an ADSC of four years, to 
Jun 2018.  He originally applied for TEB on 30 Mar 11 so his 
ADSC should be Mar 15.    

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving on active duty as a Master 
Sergeant (MSgt/E-7).

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial indicating there is no evidence the 
applicant signed the SOU in March 11.  With an SOU, Total Force 
Service Center personnel cannot determine if the member accepts 
the four year 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 (AFI 36-2306, The Air Force Education 
Services Program, Attachment 9, A9.18.1.2, A9.18.1.3, and 
A9.18.1.4).  Without a signed SOU, eligibility cannot be 
determined and the TEB application must be disapproved.  The 
applicant signed the SOU on 2 Jun 14 for the TEB application 
that was submitted and approved on that date.

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 17 Nov 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an 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 of injustice.  
While we acknowledge the applicant’s request to change his 
Active Duty Service Commitment, we do not believe he has 
demonstrated evidence of an injustice, as compared to others in 
his similar situation.  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 AFBCMR Docket 
Number BC-2014-02736 was considered:

	Exhibit A.  DD Form 149, dated 23 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 20 Oct 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.

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