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 applicants 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 Defenses 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 applicants 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 applicants 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, Applicants Response, dtd 16 Jan 13.
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