RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04909

XXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

A waiver of his Active Duty Service Commitment (ADSC) incurred as a result of his Transfer of Educational Benefits (TEB) or to backdate his TEB approval to 10 Nov 10.

APPLICANT’S CONTENTIONS

He applied for his TEB on or about 24 Oct 10; however, in Nov 10, his application was denied.  He did not receive a letter or an email denying his TEB application.  When reviewing his TEB to adjust his benefit percentages in Aug 18, he learned his original application in Oct 10 was rejected.  He contacted the TEB representative and was told to reapply.  He reapplied and his application was approved.  As a result, he now has an ADSC until Aug 22.  Had his application been approved in 2010, his ADSC would have expired in 2014.  As an alternative, I respectfully request a reduction of his ADSC from four to three years to align with his current Permanent Change of Station (PCS) ADSC of Aug 21.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving on active duty in the grade of colonel (0-6). 

Defense Manpower Data Center records show the applicant applied for TEB on 24 Oct 10.  The application was disapproved on 10 Nov 10 because he did not complete and submit the required TEB Statement of Understanding (SOU) within the application period.

Personnel from the Total Force Service Center (TFSC) sent an audit email on 8 Nov 12 informing the applicant his application was disapproved and of the requirement to reapply.  The applicant reapplied on 18 Aug 18.  The application was approved on 26 Sep 18 with an ADSC to 17 Aug 22.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  In accordance with (IAW) DTM 09-003, Post-9/11 GI Bill, Attachment 2, 3.a.(1), members must agree to serve 4 additional years and IAW AFI 36-2306, Voluntary Education Program, A9.20.1.4, members must complete a Statement of Understanding.

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The applicant did not complete and submit the required SOU in 2010 or reapply in 2012 as recommended.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Dec 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04909 in Executive Session on 14 Jan 20:

Mr., Panel Chair
Mr., Panel Member
Mr., Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, atchs, dated 3 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 Dec 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.