RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02693

						COUNSEL:  

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His request to Transfer Educational Benefits (TEB) be backdated to 2012 when he first began the process.

APPLICANT CONTENDS THAT:

He has been requesting information about transferring his GI Bill benefits since 2010.  In/Around 2009, the personnel and education offices at Dover Air Force Base (AFB) told him he could not transfer until he had reached 10 years of service.  He was later told that was incorrect and he could transfer immediately.  He followed up in 2012, about the time he transferred to Andrews AFB and made the request online.  Though he believes he used the same website, he cannot say for sure.

He did not recall any notice of additional items needed to secure the transfer, and at that time he signed a four-year commitment letter for a bonus within the Judge Advocate General corps.  After what he believed was a three year waiting period (also incorrect information), he checked the status in 2015.  He was instructed to go to the TEB website and specify months for his children.  He again believed he had completed all the required steps, and does not recall receiving any notice stating otherwise.

He checked the status once more and learned neither the 2012 nor the 2015 attempt was accepted.  His email address was updated to his previous universal Air Force address, but he did not recall this information being communicated.  Between the multiple levels of misinformation, he has found this process frustrating, and requests his TEB be dated back to 2012 consistent with his intent and attempts to accomplish the transfer.

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

STATEMENT OF FACTS:

On 16 Jan 07, the applicant initially entered the Regular Air Force.

On 18 Apr 16, the applicant signed the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, agreeing to a four-year Active Duty Service Commitment. 

The applicant is currently serving on active duty with the Regular Air Force.

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

AIR FORCE EVALUATION:

AFPC/DP3SA recommends denial, indicating there is no evidence of error or injustice.

There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB in 2012, and he did not provide evidence to support his claim.  DMDC records show the applicant first applied for TEB via MilConnect on 3 Jun 15.  That application expired because the applicant did not sign the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU) within the 30 day application period.  The applicant subsequently applied on 13 Apr 16.  He signed the AF Form 4406 on 18 Apr 16 and was approved on 20 Apr 16.  The applicant’s SOU states, “I will incur a service obligation of 4 years and an Active Duty Service Commitment (ADSC) will be updated in my records effective from the date of application in the Defense Manpower Data Center (DMDC) Transfer of Education Benefits (TEB) website…”

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 7 Feb 17 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 or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 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-2016-02693 in Executive Session on 28 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02693 was considered:

	Exhibit A.  DD Form 149, dated 23 May 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 21 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 7 Feb 17, w/atch.

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