RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03612 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents. ________________________________________________________________ _ APPLICANT CONTENDS THAT: When filling out the TEB application online through the MilConnect and completing the Statement of Understanding (SOU), he electronically signed the application in 2009. In support of the applicant’s appeal, he provides a personal statement, MilConnect documentation, Department of Veterans Affairs (VA) documentation and other documentation. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Special Order No. AC–002516 dated 22 December 2009 reflects the applicant retired effective 1 January 2010 per AFI 36-3203 in the grade of technical sergeant. He served 20 years, 1 month and 18 days of active service for retirement. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant applied for TEB on 17 December 2009. Effective 7 December 2009, the applicant had an approved retirement date of 31 December 2009. Based on the applicant’s Total Active Federal Military Service Date (TAFMSD), 13 November 1989, he would have incurred a one year Active Duty Service Commitment (ADSC) to be approved for TEB. The applicant’s application was rejected not due to the SOU, but because the applicant could not serve until 16 December 2010 (due to the approved retirement date). The DPSIT complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 September 2013, 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 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. The applicant’s contentions are duly noted; 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 that 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 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-2013-03612 in Executive Session on 26 June 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 July 2013, w/atchs. Exhibit B. Special Order No. AC – 002516. Exhibit C. Letter, AFPC/DPSIT, dated 21 August 2013. Exhibit D. Letter, SAF/MRBR, dated 6 September 2013.