RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04100 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to: a. reinstate his Post-9/11 GI Bill transfer of education benefits (TEB) application accomplished in October 2012. b. rescind the 5 August 2013, application denial. ________________________________________________________________ APPLICANT CONTENDS THAT: When he submitted his TEB application, he followed all directions and rules including obtaining four years of retainability and submitting his statement of understanding (SOU), after which, his case showed completed. It was not until nine months after application that he was notified by email that his TEB was denied. This was time he could have used to resubmit his application. As a result, his retirement eligibility date will be delayed. The SOU was loaded into the Automated Records Management System (ARMS), without any issues. Nine months is an unacceptable delay for dealing with military commitments. In support of his request, the applicant submits copies of his TEB statement of understanding, AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF Reserve),Air National Guard (ANG), and AF Form 1089, Leave Settlement Option. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Senior Master Sergeant (SMSgt), E-8. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant did not provide adequate justification or documentation. He was sent an initial notification through Right Now Technology (RNT) on 12 October 2012, stating the TEB application would expire in 14 calendar days, and to be approved, he must sign the required Statement of Understanding (SOU) and/or obtain the needed retainability (in this case, four years). The applicant failed to do so within 14 days and the application was rejected on 26 October 2012. The applicant did not obtain retainability until 28 January 2013, and did not sign the TEB SOU until 23 January 2013. Finally, the applicant only contacted the Total Force Service Center after a TEB audit email was sent to him directly on 5 August 2013. In accordance with (IAW) AFI 36- 2306, Voluntary Education Program, attachment 9, A9.18.1.2, members must have at least six years of service in the Armed Forces on the date of request and agree four additional years in the Armed Forces to be approved. Because the applicant did not meet this requirement during the application period, it expired and, by regulation, he must reapply for TEB. Eligibility will be determined on the date of his new request. The complete AFPC/DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 February 2014, for review and comment within 30 days (Exhibit C). To date, a response has not been received. ________________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and applicant's submission, we believe that relief is not warranted in this case. Therefore, 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. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 26 June 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04100 was considered: Exhibit A. DD Form 149, dated 15 August 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 18 September 2013. Exhibit C. Letter, SAF/MRBR, dated 18 February 2014. 1 2