RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05960
		

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits on 24 Mar 11.   

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APPLICANT CONTENDS THAT:

He applied for Post 9-11 GI Bill benefits on 24 Mar 11, but his application was not accepted due to his not submitting the required statement of understanding (SOU).  He never received an SOU to sign, nor was he notified he needed to submit an SOU.  During this timeframe, he was in recruiting and had numerous computer and interconnectivity problems, and only discovered the error in his application as he prepared to retire.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant serves in the Regular Air Force in the rank of Master Sergeant (E-7).  

The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice.  For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children.  Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)).  Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.  The applicant applied for TEB on 24 Mar 11.  At the time of his TEB application, the applicant only had retainability through 2 Nov 12, so he would have had to extend or reenlist and then complete the required SOU for his application to be approved.  The Total Force Service Center (TFSC) sent an e-mail to the applicant on 25 Mar 11 to his military e-mail account specified in the applicant’s Virtual Military Personnel Flight (vMPF) notifying him of the requirement to reenlist/extend and then submit a signed SOU.  The applicant did not submit a signed SOU until Jan 13.  The applicant’s TEB application expired on 8 Apr 11.  The applicant did not provide any documentation or adequate justification to establish an error.   

A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  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 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.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2012-05960 in Executive Session on 23 Oct 13, under the provisions of AFI 36-2603:

     Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Dec 12.
    Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 4 Jan 12, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 13. 
     




                                   
                                   Panel Chair