RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05393

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his daughter on 2 Aug 12.  

APPLICANT CONTENDS THAT:

He submitted his AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), when he applied for TEB on 2 Aug 12.  He does not recall being notified his application was rejected because he failed to sign the required SOU.  During that time period he was assigned to a Data Masked assignment in NV, and Edwards AFB was his gaining Military Personnel Flight (MPF).  He did not check on the TEB until recently when he began making sure his benefits were in order for his retirement in about a year and a half from submitting this application.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 Sep 96.

Special Order No. AC-013121, dated 20 Sep 16, directs that effective 31 Jul 17, the applicant will be relieved from active duty, retired effective 1 Aug 17, and will be credited with 20 years, 10 months, and 27 days of active service.

As the applicant served on active duty since 11 Sep 01, he is entitled to Post-9/11 GI Bill educational benefits in his own right.

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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  Defense Manpower Data Center (DMDC) records show the applicant applied for TEB via MilConnect on 2 Aug 12.  The application was rejected on 17 Aug 12 because he failed to sign the required SOU.  There is no record he signed and submitted the SOU during the application period.  In accordance with AFI 36-2306, Voluntary Education Program, Attachment 9, A9.20.1.4, members must complete a SOU.  Additionally, the applicant was sent an audit email on 7 Nov 12 informing him of his rejected application and what actions to take for approval.  There is no record he contacted the Total Force Service Center concerning his application status.  

A complete copy of the AFPC/DP3SA 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 11 May 16 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 (OPR) 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 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 members of the Board considered AFBCMR Docket Number BC-2015-05393 in Executive Session on 30 Mar 17, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05393 was considered:

	Exhibit A.  DD Form 149, dated 9 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 17 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 11 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.