RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01708
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependent son on 17 Nov 10.
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APPLICANT CONTENDS THAT:
He was unfairly denied his right to transfer his Post-9/11 GI Bill Transfer of Eligibility Benefits (TEB). He applied for TEB on 17 Nov 10. On 7 Feb 13, he received notification that an audit identified the fact he had not signed his application and, therefore, his benefits were not transferred. He applied over the internet via the Virtual Military Personnel Flight (vMPF), which requires a digital signature to submit an application, so he questions how there can be an application without a signature.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant is serving in the Regular Air Force in the grade of Master Sergeant (E-7).
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:
AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.
Prior to the applicant gaining access to the MilConnect website to submit his TEB request he would have had to go through the vMPF. Before he could access the Self-Service Actions option, he would have had to click on a button which states I have verified my e-mail and phone. Had the applicant completed this step properly, he would have received two e-mails from the Total Force Service Center (TFSC). The first would have been an initial notification instructing him on the actions he needed to complete, and the second e-mail would have been a rejection of his TEB request. The applicant did not provide adequate justification of documentation to support his contention.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Apr 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. While we note the steps the Air Force OPR indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not timely made aware of the steps necessary to transfer his benefits to his dependents. In addition we find no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. Therefore, we elect to resolve any doubt in this matter in behalf of the applicant and recommend the records be corrected as indicated below.
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.
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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 17 November 2010 he elected to transfer his Post-9/11 GI Bill Educational Benefits.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01708 in Executive Session on 3 Feb 14, 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 19 Mar 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIT, dated 12 Apr 13.
Exhibit D. Letter, SAF/MRBR, dated 19 Apr 13.
Panel Chair
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