RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03439
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be
adjusted to reflect 10 March 2010.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He signed the Active Duty Service Commitment (ADSC) as requested
for the TEB. He received an assignment to return to flying and
signed multiple ADSCs during this timeframe.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the grade of lieutenant
colonel.
Any member of the Armed Forces (active duty or Selected Reserve,
officer or enlisted) on or after August 1, 2009, who is eligible
for the Post-9/11 GI Bill, and has at least 6 years of service in
the Armed Forces on the date of election and agrees to serve a
specified additional period in the Armed Forces from the date of
election, may transfer unused Post-9/11 benefits to their
dependents.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSIT recommends denial. Records reflect the member never made
the attempt to follow through with signing the Statement of
Understanding (SOU). He was sent an email on 23 February
2010 requesting him to sign and return the SOU. The email
clearly stated the application process and that the SOU through
the vMPF needed to be signed and accomplished within 14 calendar
days. There has been no injustice to the extent that the service
member did not receive adequate counseling as required by law and
DoD regulation.
The DPSIT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states during the contested time period, he was
stationed at the Defense Intelligence Agency with an email
account from that agency. During the summer of 2009, he also had
an email account from Luke AFB for a training course he was
attending and in the fall he had a third email account from
Kunsan AB. Unfortunately, he was locked out of the DIA and Luke
AFB email during the time the automated email was sent. To the
best of his knowledge he completed all required documentation for
the Post-9/11 GI Bill and never received an email. During this
time he had ADSCs for the ACP program, in-residence school, F-16
training and T-38 training that obligated him to the same time if
not longer. He completed the paperwork to what he understood was
the correct procedure and served the time requirement in
concurrent ADSCs.
The applicants complete submission is at Exhibit D.
_________________________________________________________________
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 injustice. While the
Board notes the steps the Air Force office of primary
responsibility indicates were taken to inform eligible personnel
of this new benefit, it appears that through no fault of the
applicant, he was not fully aware of the steps necessary to
transfer his benefits to his dependents. The evidence of record
indicates that although the applicant applied for TEB in March
2010, he failed to complete the SOU. Based on the fact that the
applicant signed the ADSC and served the time requirement clearly
establishes his intent to transfer benefits to his dependents.
As such, we find the evidence sufficient to conclude that it is
in the interest of justice to recommend correction of his records
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 10 March
2010, he elected to transfer his Post-9/11 GI Bill Educational
Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03439 in Executive Session on 9 May 2013, under
the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 July 2012.
Exhibit B. Letter, AFPC/DPSIT, dated 14 August 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR dated 20 August 2012.
Exhibit D. Letter, Applicant, dated 30 August 2012.
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