RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04251 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) date be changed to 29 Nov
15 (original High Year of Tenure (HYT)) date to allow transfer of his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:
In Nov 12, he attempted to change his Montgomery GI Bill (MGIB) to the Post-9/11 Bill; however, he never received any information from the service center. In Sep 13, he made a second attempt and was denied due to lack of retainability. He was informed he was not eligible due to changing Post-9/11 GI Bill requirements and being close to his High Year of Tenure (HYT).

He believes there was an error in receiving information due to being stationed overseas. In 2013, he made numerous requests, to include calls to the Total Force Service Center (TFSC); however, he was denied due to not having the new retainability requirements.

In 2014, he was promoted to the grade of master sergeant (MSgt) which gave him a new HYT and eligibility to receive benefits under the Post-9/11 GI Bill.
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of MSgt.   The applicant initially entered the Regular Air Force  on
29 Nov 95.
On 8 Dec 14, the applicant signed a Statement of Understanding (SOU) establishing an ADSC date of 19 Nov 18 for TEB.

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.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

AIR FORCE EVALUATION:
AFPC/DP3SA recommends denial, indicating there is no evidence of an error or an injustice.

Defense Manpower Data Center (DMDC) records reflect the applicant applied for TEB on 25 Nov 12, but was denied because he did not secure the required retainability and did not sign the SOU during the 14-day application period.

On 11 Jul 14, the applicant applied again for TEB, but the application was denied because he failed to sign the required SOU.

On 20 Nov 14, he submitted another transfer request and on 8 Dec 14, he signed a SOU and incurred an ADSC date of 19 Nov 18.
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 6 Oct 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 and agree with the opinion and recommendation of the Air Force 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-2016-04251 in Executive Session on 14 Feb 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

Panel Chair Member
Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, dated 17 Oct 16.
Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/DP3SA, dated 28 Apr 17,
w/atchs.
Exhibit D.	Letter, AFBCMR, dated 6 Oct 17, w/atchs.
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.