RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04331

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be allowed to accomplish a Post-9/11 GI Bill transfer of educational benefits (TEB) to his dependents.

APPLICANT CONTENDS THAT:

He never received notification from his unit or AFPC that his application was denied.

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

STATEMENT OF FACTS:

The applicant is currently serving the Air Force in the grade of Master Sergeant (MSgt).

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.  

AIR FORCE EVALUATION:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 15 Dec 99.  The Defense Manpower Data Center (DMDC) reflects the applicant originally applied for TEB on 7 Jun 10 and was rejected because he did not obtain retainability to 6 Jun 14.  However, he did not sign the SOU for the TEB until 10 Jan 13.  Based on the date of singing on the SOU he received an active duty service commitment (ADSC) of 9 Jan 17.  The applicant reapplied for TEB on 14 Feb 13 and again was denied based on the lack of retainability, his ADSC was now 13 Feb 17.  On 20 Sep 13, he was notified he did not have an approved application on file.  The applicant reapplied for TEB on 22 Jul 16, he was again denied due to lack of retainability to 21 Jul 20.  The applicant’s date of separation (DOS) is 17 Oct 19.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

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

According to AFI 36-2649, Voluntary Education Program, allows a service member with at least 6 years of service to transfer some or all of their Post-9/11 GI Bill benefits to a qualifying recipient if they commit to an additional 4 years of service from the date of the request.  The applicant has failed to show that he met the retainability requirement when he applied for TEB in Jan 13 (or at any other time).  He has not provided any documentation or evidence to showing he has suffered from an error or injustice.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 Oct 17, for review and comment within 30 days (Exhibit E).  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 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-2016-04331 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 pertaining to AFBCMR Docket Number bc-2016-04331 was considered:

	Exhibit A.  DD Form 149, dated 24 Oct 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 14 Jun 17,
  w/atchs.
	Exhibit D.  Memorandum, AFPC/JA, dated 7 Nov 17.
	Exhibit E.  Letter, AFBCMR, dated 23 Oct 17.

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.