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AF | BCMR | CY2012 | BC-2012-05348
Original file (BC-2012-05348.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05348
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he transferred his Post-9/11 
Educational GI Bill (TEB) to his dependents effective 9 May 
2011.

________________________________________________________________

APPLICANT CONTENDS THAT:

He applied to transfer his Post-9/11 Gill to his dependents on 
two separate occasions, 9 May 2011 and 25 June 2012.  He was 
unsuccessful as he did not complete the Statement of 
Understanding (SOU).  He was also preparing to depart to 
Afghanistan for a 365-day deployment.  He received a rejection 
notice upon his return and then attempted to re-apply in June 
2012.  His intent was clearly displayed and he requests 
establishment of his TEB at the original application date of 8 
May 2011. 

In support of his appeal, the applicant provides MYPERS print-
out, deployment orders and other supporting documentation.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is active duty serving in the grade of colonel.  

The remaining relevant facts are contained in the letter 
prepared by the Air Force office of primary responsibility which 
is listed at Exhibit B. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant submitted an 
application for the Post-9/11 GI Bill on 6 May 2011.  An e-mail 
was sent to the address listed in his application on 9 May 2011 
requesting that he sign the Statement of Understanding regarding 
this TEB.  It appears he never followed through with signing the 
SOU.  The e-mail also listed a website that would show him the 
status of his application.  He never attempted to follow up with 
the Total Force Service Center, which is also listed in the e-
mail should members experience problems.  Had he contacted the 
AFPC Service Center, he would have received guidance to sign his 
SOU.  

It is clear the applicant simply failed to check each of the 
acknowledgements at the Department of Defense’s website and 
click on the button to sign up for the TEB benefits.  He 
submitted the application on 6 May 2011, but failed to sign the 
SOU.  He was sent another e-mail on 3 June 2011, stating that 
his application had expired.  His application is not supported 
with evidence that he was the victim of an error or injustice. 

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states during 6 May to 3 June 2011 a rejection 
notice was sent to his USEUCOM e-mail address.  Unfortunately, 
he did not have access to that e-mail account while being 
deployed to and returning from Afghanistan.  

He acknowledges receiving the initial reminder to complete the 
SOU and failing to accomplish it prior to his deployment; 
however he did not receive the cancellation until he returned 
from his deployment in June 2012.  

The applicant’s complete response 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.	Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the available evidence of record and the applicant's 
complete submission, to include his response to the Air Force 
advisory, in judging the merits of the case; however, we agree 
with the opinion and recommendation of the Air Force office of 
primary responsibility and adopt their rationale as the basis 
for our conclusion that the applicant has not been the victim or 
an error or injustice.  Therefore, in the absence of evidence to 
the contrary, we find no basis to grant the relief sought in 
this application.  

4.	The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that the 
application will only be reconsidered upon the submission of newly 
discovered relevant evidence not considered with this application

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05348 in Executive Session on 12 September 2013, 
under the provisions of AFI 36-2603:

	
The following documentary evidence was considered:

Exhibit A.  DD Form 149, dtd 14 Nov 12, w/atchs.
Exhibit B.  Letter, AFPC/DPSIT, dtd 4 Dec 12.
Exhibit C.  Letter, SAF/MRBR, dtd 21 Dec 12.
Exhibit D.  Letter, Applicant’s Response, dtd 16 Jan 13.





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