RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03898 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His application for Transfer of Educational Benefits (TEB) be approved. _________________________________________________________________ APPLICANT CONTENDS THAT: On 14 June 2008, he reenlisted for 5 years and 2 months extending his enlistment to August 2013. The TEB program began in August 2009. He submitted his first request on 28 August and was denied due to no retainability. He reapplied on 3 December 2009 and did not receive notification that further action was required. According to PSDM 09-44 he met all requirements to transfer benefits as his Date Eligible to Return from Overseas (DEROS) was 13 August - which satisfied requirements for a 3-year service commitment. If a current Statement of Understanding (SOU) needs to be completed, he will accomplish upon [the Board’s] decision The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the grade of master sergeant. Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and has at least 6 years of service in the Armed Forces on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: DPSIT recommends denial. DPSIT states the applicant’s application is not supported with evidence that he was a victim of an error or injustice. Following the notes in Right Now Technology (RNT_ it seems the applicant never made the attempt to follow through with signing the Statement of Understanding (SOU). He was sent an email on 28 August 2009 requesting him to sign and return the SOU and given step by step instructions on how to accomplish the signing of the SOU. On 3 December 2009, an email was sent to the applicant stating that AFPC Service Center received his application for TEB and stating that the application will expire in 30 days. The email listed the instructions on how to sign the SOU; he never submitted the signed SOU. The email sent to the applicant clearly states the application process and that he needs to sign the SOU through the vMPF and that this needs to be accomplished within 30 calendar days. DPSIT finds there has been no injustice to the extent that the applicant did not receive adequate counseling as required by law and DoD regulation. The DPSIT complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a second DD Form 149 (Application for Correction of Military Record) requesting his application for TEB be changed. He states there is conflicting information that was received from AFPC pertaining to the TEB. The applicant’s complete response, with attachments is at Exhibit D. _________________________________________________________________ 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. The applicant’s contentions are duly noted; 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 that 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. _________________________________________________________________ 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-2012-03898 in Executive Session on 5 June 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03898 was considered: Exhibit A. DD Form 149, dated 17 August 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 13 September 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 24 September 2012. Exhibit D. DD Form 149, dated 18 October 2012, w/atchs.