RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01346
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His application for Post-9/11 GI Bill Transfer of Education
Benefits (TEB) be backdated to 12 Dec 10.
________________________________________________________________
APPLICANT CONTENDS THAT:
Once he required the necessary retainability, his Statement of
Understanding (SOU) could not be signed because it had been
previously signed.
His original application was kicked back because he did not have
enough retainability, when in fact he did.
His application date is 12 Dec 10 and his date of separation is
23 Dec 14, making him eligible for the Post-9/11 GI Bill.
In support of his request, the applicant provides copies of
emails from the Total Force Service Center (TFSC) and his TEB
Ineligibility Notification.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating that the applicant has
not provided adequate justification/documentation regarding the
communication issues he claims to have had. The applicant
applied for the TEB on 15 Dec 10, and an email was sent to him
from the Total Force Service Center (TFSC) the same day with
instructions/requirements which he needed to accomplish prior to
the TEB application being approve. His application expired on
7 Jan 11 because he did not sign a SOU.
While the applicant did have the required retainability due to a
reenlistment in 2009, the TEB SOU is required to acknowledge
that he accepts the applicable Active Duty Service Commitment
(ADSC) associated with TEB. The applicant has not provided
evidence that he attempted to submit a SOU in 2010.
Additionally, he did not inquire on this matter until 15 Jul 12,
according to the notes in Right Now Technology (RNT). The
applicant reapplied on 16 Jul 12, and while he completed the
required SOU, he did not have four years retainability, and his
application was rejected on 30 Jul 12.
The complete DPSIT evaluation, with attachments, is at Exhibit
B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 Mar 13, a copy of the Air Force evaluation, with
attachments, was forwarded to the applicant for review and
comment within 30 days (Exhibit C). As of this date, this
office has received no response.
________________________________________________________________
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 error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case. We note the Air Force office of primary
responsibility does not feel the applicant has provided adequate
justification/documentation to support his claim. However,
considering that at the time of his original 12 Dec 10 TEB
application, he had the necessary retainability based on a
previous reenlistment, we find it reasonable that he did not
believe he was required to sign the SOU, as no ADSC would be
incurred. Therefore, we find the evidence presented is
sufficient to conclude the applicant took the necessary steps to
transfer his benefits to his dependents. In view of the above,
we recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 12 Dec
10, he elected to transfer his Post-9/11 GI Bill Educational
Benefits to his dependents.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-01346 in Executive Session on 16 Dec 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 12 Mar 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 26 Mar 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 Mar 13.
Panel ChairAF | BCMR | CY2014 | BC 2014 00189
Under the Transfer of Education Benefits (TEB) website, it notifies the applicants that their transfer request is not final until the SOU is digitally signed in the Virtual Military Personnel Flight (vMPF). On 12 Oct 10, an email was sent to the applicant informing her that her application for TEB had expired because she did not sign the SOU. As of this date, no response has been received by this office (Exhibit D).
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The member states that he reapplied for the benefit which also required a reenlistment well beyond 20 years of service. Examiners Note: According to the DD Form 4/1, the applicant would have had the retainability required for TEB at the time of his Jul 11 submission. Without a signed SOU, the TEB application cannot be approved.
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