RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05210 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he accomplished a Post- 9/11 GI Bill transfer of education benefits (TEB) to his dependent in February 2010. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He completed the required application to transfer his Post- 9/11 GI Bill TEB to his dependent. He communicated his intent to serve the required 3-year active duty service commitment (ADSC) by completing the application. At that time, his expectation was that he had fulfilled all requirements and the process for his Post-9/11 GI Bill TEB was completed. In November 2012, he began researching how to transfer the benefit to his daughter and found out that his application package had been rejected in March 2010, a month after he had signed up for the program. Between 2010 and 2012 he did not receive an email stating that he needed to sign additional documentation. He is not saying that an email was not sent from AFPC, only that he never received an email. 2. There are several reasons he may not have received the email. He had computer connectivity issues and was also on several temporary duty (TDY) assignments in the 30 days following his completion of the application process. E-mail from AFPC may have been rejected because his inbox was full. Additionally, in 2010, the Post-9/11 GI Bill TEB program was in its infancy. He did not understand there was a requirement to sign any documents or he would have ensured that he followed up with AFPC. Without any notification that he had documents to sign, he should not be held responsible for his application being rejected. The applicant did not submit any documents in support of his request. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Lieutenant Colonel, O-5. ________________________________________________________________ AIR FORCE EVALUATION: 1. AFPC/DPSIT recommends denial. DPSIT states that the applicant did not provide adequate justification or documentation. The applicant initially applied on 22 February 2010, and had 14 calendar days to return the required Statement of Understanding (SOU). This form is required because the applicant is required to acknowledge and agree to serve the required ADSC. The applicant’s application expired on 3 March 2010, because he did not return the required SOU. 2. The Department of Veterans Affairs (DVA), DoD, and the military services widely publicized the Post-9-11 GI Bill and the transferability feature. DOD developed a special website, hosted by the Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website system was operational on 27 June 2009 for the purpose of accepting transfer of education benefits applications. The DoD Directive Type Memo (DTM) and AFI 36-2306, Voluntary Education Program, states the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government- hosted websites prior to 1 August 2009, the effective date of the Post-9/11 GI Bill. The complete AFPC/DPSIT evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his response, the applicant reiterates his contention that he did not receive an e-mail notification informing him that he needed to sign an extension form. The applicant further explains that in January 2010, he began having significant computer connectivity issues which ultimately resulted in replacement of his work computer in May 2010. These issues included; not being able to print, VPN connection issues, and not receiving e-mails. On multiple occasions in the months of January through March, his network administrators worked on his computer multiple times a week sometimes even several times a day. They even went to the extent of deleting all of the programs and reinstalling them to try and resolve his computer issues. During those months, there were multiple weeks which he did not receive any e-mails. During February through April, his network administrators opened several job orders in order to try and resolve the e-mail issue. On one occasion, after a week of not receiving any e-mail, it was discovered that his e-mail account had been mistakenly deleted at Scott AFB, Illinois, when another individual with the same name as his was involved in a permanent change of station. It took several weeks to correct this issue. Finally in May, they received new computers and swapped out his old computer for a new one. Had he received an e-mail stating that he needed to sign an extension to transfer the Post-9/11 GI Bill TEB, he would have signed the document immediately. He is still on active duty and has fulfilled the 3-years required in order to be eligible to transfer these benefits to his daughter. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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 an error or an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we are persuaded that relief is warranted. In this respect, we note the applicant believed he had completed the required application to transfer his Post-9/11 GI Bill TEB to his dependent in February 2010. However, he did not receive an e-mail notification informing him that he needed to sign a Statement of Understanding (SOU) most likely because he experienced significant computer connectivity issues which ultimately resulted in replacement of his work computer in May 2010. We note the comments of the Air Force office of primary responsibility indicating the applicant failed to follow through with the requirement to transfer benefits by completing the SOU; however, in light of the events highlighted above, and due to the TEB program being newly implemented we find that through no fault of the applicant he was not fully aware of the TEB rules and requirements to transfer his benefits. In view of this, we find a sufficient basis to conclude that he has been the victim of an injustice and therefore, recommend the 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 22 February 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 12 September 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05210 was considered: Exhibit A. DD Form 149, dated 7 Nov 2012. Exhibit C. Letter, AFPC/DPSIT, dated 13 Nov 2012, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 2012. Exhibit E. Letter, Applicant, dated 27 Feb 2013.