RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01346
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His application for Post-9/11 GI Bill Transfer of Education 
Benefits (TEB) be backdated to 12 Dec 10.

________________________________________________________________


APPLICANT CONTENDS THAT:

Once he required the necessary retainability, his Statement of 
Understanding (SOU) could not be signed because it had been 
previously signed.   

His original application was kicked back because he did not have 
enough retainability, when in fact he did.  

His application date is 12 Dec 10 and his date of separation is 
23 Dec 14, making him eligible for the Post-9/11 GI Bill.

In support of his request, the applicant provides copies of 
emails from the Total Force Service Center (TFSC) and his TEB 
Ineligibility Notification.

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 master sergeant.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit B.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating that the applicant has 
not provided adequate justification/documentation regarding the 
communication issues he claims to have had.  The applicant 
applied for the TEB on 15 Dec 10, and an email was sent to him 
from the Total Force Service Center (TFSC) the same day with 
instructions/requirements which he needed to accomplish prior to 
the TEB application being approve.  His application expired on 
7 Jan 11 because he did not sign a SOU.

While the applicant did have the required retainability due to a 
reenlistment in 2009, the TEB SOU is required to acknowledge 
that he accepts the applicable Active Duty Service Commitment 
(ADSC) associated with TEB.  The applicant has not provided 
evidence that he attempted to submit a SOU in 2010.  
Additionally, he did not inquire on this matter until 15 Jul 12, 
according to the notes in Right Now Technology (RNT).  The 
applicant reapplied on 16 Jul 12, and while he completed the 
required SOU, he did not have four years retainability, and his 
application was rejected on 30 Jul 12.

The complete DPSIT evaluation, with attachments, is at Exhibit 
B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 Mar 13, a copy of the Air Force evaluation, with 
attachments, was forwarded to the applicant for review and 
comment within 30 days (Exhibit C).  As of this date, this 
office has received no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Sufficient 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.  We note the Air Force office of primary 
responsibility does not feel the applicant has provided adequate 
justification/documentation to support his claim.  However, 
considering that at the time of his original 12 Dec 10 TEB 
application, he had the necessary retainability based on a 
previous reenlistment, we find it reasonable that he did not 
believe he was required to sign the SOU, as no ADSC would be 
incurred.  Therefore, we find the evidence presented is 
sufficient to conclude the applicant took the necessary steps to 
transfer his benefits to his dependents.  In view of the above, 
we recommend his records be corrected as indicated below. 

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 12 Dec 
10, he elected to transfer his Post-9/11 GI Bill Educational 
Benefits to his dependents.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01346 in Executive Session on 16 Dec 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Mar 13, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 26 Mar 13, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 31 Mar 13.




                                   Panel Chair