RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

 IN THE MATTER OF:					DOCKET NUMBER: BC-2013-02517
	 						COUNSEL:  NONE
	 				 		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he transferred his Post-
9/11 GI Bill educational benefits in Nov 2009.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He registered for the Post 9/11 GI Bill and Transfer of 
Education Benefits (TEB) in Nov 2009 but unfortunately, was not 
aware he was required to sign a Statement of Understanding (SOU) 
concurring with the 4 year Active Duty Service Commitment (ADSC) 
required for TEB. 

He does not recall receiving any notice that something was 
missing from his application until he received the e-mail 
notification on 7 Nov 2012.  He would have signed the SOU 
immediately if he had known it was required for enrollment.  
Until late last year, he believed he was enrolled. 

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is serving on active duty in the grade of 
lieutenant colonel (O-5).

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 6 years 
of service in the Armed Forces on the date of election, and 
agrees to serve 4 additional years in the Armed Forces from the 
date of election are eligible to transfer their unused Post-
9/11 benefits to their spouse or dependent children.  

________________________________________________________________




THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant’s request is not 
supported with evidence that he was a victim of an error or 
injustice.  There is no evidence that he made an attempt to sign 
the SOU and without the signed SOU, the Total Force Service 
Center (TFSC) would not have known that the applicant concurred 
with incurring the 4 year ADSC required for TEB.  The applicant 
submitted his application for TEB through the Defense Management 
Data Center (DMDC) website on 23 Nov 2009 and an e-mail was sent 
to the applicant’s address listed in the virtual Military 
Personnel Flight (vMPF) on 25 Nov 2009 requesting he sign the 
SOU.  The applicant states that he does not recall receiving any 
notice that something was missing from his application until the 
e-mail notification on 7 Nov 2012.  The applicant was provided 
an opportunity to contact the TFSC as stated in the Submit 
Transfer Request but did not follow-up.  If the applicant 
contacted the TFSC, he would have received guidance to go back 
to the vMPF and sign his SOU.  As of this date, the applicant 
has not reapplied for TEB.       

A complete copy of the DPSIT evaluation, with attachments, is at 
Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

If he had known he was not approved for TEB, he would have taken 
action to correct it.  He had every intention of enrolling in 
the program in Nov 2009 and thought he was enrolled until 
notified otherwise in Nov 2012.

DPSIT states that an e-mail was sent to him on 25 Nov 2009, the 
Wednesday before Thanksgiving, telling him to sign the SOU.  He 
does not recall reading this e-mail message and may have 
inadvertently deleted it with other e-mails when he returned 
from the Thanksgiving holiday.  He may have deleted it without 
reading it because he didn’t realize there were any other steps 
required to complete the TEB or he may not have received the   
e-mail at all. 

DPSIT states that without signing the SOU there is no way that 
the TFSC would have known if he agreed with incurring the 4 year 
ADSC for TEB.  In Nov 2009, he had 14 years and 11 months time-
in-service and as a lieutenant colonel select, he fully expected 
to serve at least the five plus years required for a  20 year 
retirement so there was no reason he would not have signed up 
for the 4 year ADSC.  

Until he was notified last year that there was an outstanding 
item requiring his attention to complete the TEB, he believed he 
was already enrolled.  Whether through error on his own part or 
because he didn’t receive the e-mail instructions, he was 
unaware of any further actions required for TEB.  At the time, 
there was no question or hesitation on his part to accept the   
4 year ADSC and he is hoping for a reasonable determination that 
had he been aware, he would have signed the SOU completing the 
TEB.  

The applicant’s complete responsible 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. Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice. While we note the steps the 
Air Force office of primary responsibility indicates were taken to 
inform eligible personnel of this new benefit, it appears that 
through no fault of the applicant he was not properly counseled 
regarding the steps necessary to transfer his benefits to his 
dependents. We do not find it reasonable that he would have 
knowingly elected not to pursue use of this important entitlement. 
As such, in the interest of justice we find the evidence is 
sufficient to recommend approval of his request. Therefore, we 
recommend the record 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 23 Nov 
2009, he signed a Statement of Understanding to start his four 
year Active Duty Service Commitment for transfer of his Post 
9/11 GI Bill Educational Benefits to his dependents.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02517 in Executive Session on 12 Mar 2014, under 
the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-02517 was considered:

     Exhibit A.  DD Form 149, dated 21 May 2013
     Exhibit B.  Letter, AFPC/DPSIT, dated 6 Jun 2013, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 5 Jul 2013. 
     Exhibit D.  Letter, Applicant, undated.  




                                    
                                   Panel Chair