RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00339 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) to his dependents effective 22 July 2011. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He did not receive formal notification that his actions to transfer his benefits were incomplete until 2 November 2012 when he was sent email communique from the Total Force Service Center. Shortly after transferring his benefits - he had a permanent change of station to Fort McNair in Washington, DC. The applicant provides no documents in support of his appeal. 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. Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant did not provide any supporting documentation regarding a permanent change of station (PCS), as well as the time frames in which this occurred. When the applicant applied, the Post 9/11 GI Bill team at DPT sent an email to the applicant’s vMPF email addresses of record on 22 July 2011, directing the applicant to complete the required Statement of Understanding. The applicant’s application was rejected on 4 August 2011 and another email was sent to both the applicant’s military email address as well as the personal email address the applicant specified. The DPSIT complete evaluation, with attachment, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 February 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ _ 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, the Board majority is persuaded that relief is warranted. In this respect, we note the applicant has provided documentation substantiating he applied for the Transfer of Educational Benefits (TEB) for his dependents. We also note the comments of the Air Force office of primary responsibility indicating the applicant was notified via email to both his military and personal email address. However, we find that due to the applicant not having an Air Force global address, he was not formally notified and thus unaware that his TEB was incomplete. In view of the above, the Board majority finds the applicant is a victim of an injustice and therefore recommends the record be corrected as indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that on 22 July 2011, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-00339 in Executive Session on 4 November 2013, under the provisions of AFI 36-2603: By a majority vote, the Board recommended approval of the applicant’s request. voted to deny the applicant’s request but does not desire to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 January 2013. Exhibit B. Letter, AFPC/DPSIT, dated 4 February 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 24 February 2013. 2 3