RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04006
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show her Active Duty Service
Commitment (ADSC) for transferring her Post-9/11 GI Bill
educational benefits began on 6 Jan 12.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to several required extensions to cover her active duty
retainability, it took until 15 Aug 12 for her GI Bill Transfer
of Educational Benefits (TEB) application process to be
completed. The date on her application is 13 Aug 12. However,
she started the application process with the Department of
Veteran Affairs (DVA) on 6 Jan 12. She asked the DVA to
establish her eligibility as of 6 Jan 12 to cover her husbands
school period which began in Jan 12.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the rank of
staff sergeant (SSgt/E-5).
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.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. Based upon the information reported in
the TEB and counseling notes in Right Now Technology (RNT) by
Total Force Service Center (TFSC) personnel, on 6 Jan 12, the
applicant was provided with instructions/requirements which she
needed to accomplish prior to the TEB application being
approved, specifically, she needed to sign a statement of
understanding (SOU) agreeing to the obligated service required
to participate in the TEB option. Her initial TEB application
was rejected on 23 Jan 12 because she did not return a signed
SOU. Further, the applicant did not inquire about her TEB
status until 24 Jul 12, and was advised her initial application
was rejected because she did not sign the SOU. The applicant
was approved for the start of her ADSC for TEB on 15 Aug 12.
A complete copy of the AFPC/DPSIT evaluation, with attachment,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Her husband spoke to the Veterans Affairs officer and his
university and submitted the required forms on line, and then he
was told he would receive a letter from the DVA. They received
a letter of denial in Jul 09. She is stationed at Fort Bragg
with Joint Special Operations Command (JSOC), and she does not
receive regular Air Force e-mail so she was unaware that she
needed to sign an SOU. By the time she completed the process to
extend on active duty, signed the SOU, and received approval for
TEB she had an outstanding bill of $5200 from her husbands
university. That is a burden for a family of four. She is not
shifting the blame to anyone, but she would have completed all
the necessary actions if she had been aware of the requirements
(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. We took
notice of the applicant's complete submission in judging the
merits of the case, to include her rebuttal response to the Air
Force advisory opinion. While we note the comments of the Air
Force office of primary responsibility, the Board does not
believe the Air Force provided adequate support to the applicant
during the application process, creating an injustice not shared
by other customers of the Total Force Service Center (TFSC).
The applicant attempted to transfer her Post-9/11 GI Bill
transferability benefits on 6 January 2012. The evidence
suggests the applicant was geographically separated
from the Air Force at the time and did not receive regular Air
Force e-mail. As such, it appears the TFSC failed to make
contact with the applicant to inform her that the transfer could
not be completed without a signed SOU, even though her office
phone number and alternate e-mail address for her geographically
separated location were available to them. The applicants
willingness to immediately sign the SOU as soon as she became
aware of the requirement clearly demonstrates she would have
signed the SOU at the time of her original application had she
been properly notified. Therefore, we recommend her records 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
6 January 2012, she elected to transfer her Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04006 in Executive Session on 3 Jun 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 23 Aug 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 11 Sep 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 24 Sep 12.
Exhibit E. Letter, Applicant, dated 17 Oct 12, w/atchs.
Panel Chair
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