RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05452
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he accomplished his Post-9/11 
GI Bill transfer of educational benefits (TEB) on 24 Nov 09, 
instead of 9 Oct 12.

________________________________________________________________

APPLICANT CONTENDS THAT:

He submitted his original TEB paperwork with a signed Statement 
of Understanding (SOU) on 24 Nov 09 but for some reason, it did 
not go through at that time.   

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of master sergeant (E-7).

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice.  The applicant did not obtain the 
required retainability needed for approval of his TEB 
application.  On 20 Nov 09, he was sent an email informing him 
that he would incur an Active Duty Service Commitment (ADSC) for 
two years and detailed instructions on how to obtain the 
retainability.  He was also notified that failure to submit the 
required documentation or obtain retainability in a timely 
manner would result in disapproval of his application for 
transferability.  The applicant contends that he was having 
trouble signing the SOU but this was because he had not obtained 
the retainability prior to trying to sign the SOU.  The 
applicant was provided step-by-step instructions on how to 
accomplish the signing of the SOU.  On 25 Nov 09, another email 
was sent to the applicant informing him of a change to the 
process that clearly outlined the application process and the 
need for the applicant’s retainability and signed SOU within 30 
calendar days.  On 8 Jan 10, the applicant was sent another 
email informing him that his eligibility for TEB had expired 
because he failed to get the required retainability.

A complete copy of the AFPC/DPSIT evaluation, with attachments 
is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Dec 12 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

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 members of the Board considered AFBCMR Docket 
Number BC-2012-05452 in Executive Session on 12 Sep 13, under 
the provisions of AFI 36-2603:

                  , Panel Chair
                  , Member
                  , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Nov 12.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 4 Dec 12, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 12.




                                   
                                   Panel Chair