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.