Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 02875
Original file (BC 2013 02875.txt) Auto-classification: Approved

                      RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02875
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

Her Transferability of Educational Benefits (TEB) election under 
the provisions of the Post 9/11 GI Bill be changed to Mar 12.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

The Statement of Understanding (SOU) for transfer of education 
benefits to her dependents is missing.  In Mar 12, she visited 
the education center to transfer her benefits to her dependents 
and the Subject Matter Experts (SMEs) at the education center 
guided her through the process.  Everything was taken care of 
within days, to include extending her enlistment to meet the 
Active Duty Service Commitment (ADSC). 

This is unjust because over a year lapsed before she received 
notification that her application was denied.  She immediately 
contacted the education center; whom contacted the Department of 
Veterans Affairs (DVA); she then contacted the personnel office 
and was told no information was missing.  However, AFPC states 
her SOU was never completed and her application was disapproved.  

She was unaware of any missing documents and would have quickly 
taken action if known sooner.

In support of her appeal, the applicant provides an email 
communiqué of her attempts to correct the error and a copy of 
her extension of enlistment for the TEB.

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

________________________________________________________________

STATEMENT OF FACTS:

On 6 May 92, the applicant enlisted in the Regular Air Force and 
was eligible for retirement effective 5 May 12.

On 5 Mar 12, the applicant extended her 16 Apr 10 enlistment for 
a period of 22 months for the purposes of the Post 9/11 GI Bill 
TEB.  Currently, her date of separation is 15 Mar 16. 

The Post-9/11 GI Bill TEB requires:  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 GI Bill, 
and: 

*	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. 

*	Has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of election, 
is precluded by either standard policy (service or DoD) or 
statute from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such policy or 
statute, or 

*	Is or becomes retirement eligible during the period from 
1 Aug 09 through 1 Aug 13.  A service member is considered to be 
retirement eligible if he or she has completed 20 years of 
active duty or 20 qualifying years of reserve service. 

*	a. For individuals eligible for retirement on or before 
1 Aug 09, no additional service is required.  

*	b. For individuals eligible for retirement after 1 Aug 
09, and before 31 Jul 10, 1 year of additional service is 
required.

*	c. For individuals eligible for retirement on or after 
1 Aug 10, and before 31 Jul 11, 2 years of additional 
service is required.

*	d. For individuals eligible for retirement on or after 
1 Aug 11, and before 31 Jul 12, 3 years of additional 
service is required.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends approval of the applicant’s request, 
effective 15 Feb 12 with the associated ADSC running to 
14 Feb 12 [sic], IAW AFI 36-2306, Voluntary Education Program, 
Attachment 9, A9.18.1.4.5.

DPSIT notes that the Education Center should have counseled the 
applicant that the TEB SOU was required to complete the process. 
The applicant obtained the needed retainability during the 
application period.  She states that she was deployed during 
this time period, which may have affected her completing all 
requirements within 14 days of the initial notification.   

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 Aug 13 for review and response.  As of this date, 
no response has been received by this office (Exhibit C).

________________________________________________________________

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 warranting 
corrective action.  The Air Force office of primary 
responsibility has addressed the issues presented by the 
applicant and we are in agreement with their recommendation.  
Therefore, we recommend her record be corrected to show that on 
15 Feb 12, she signed an AF Form 4406, Post-9/11 GI Bill 
Transfer of Educational Benefits Statement of Understanding 
(SOU) to start her three year ADSC.  Accordingly, we recommend 
her records be corrected to the extent 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 
15 February 2012, she signed an AF Form 4406, Post-9/11 GI Bill 
Transfer of Educational Benefits Statement of Understanding 
(SOU) to start her three year Active Duty Service Commitment.

________________________________________________________________


The following members of the Board considered AFBCMR Docket 
Number BC-2013-02875 in Executive Session on 28 May 2014, 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 3 Jun 13. 
    Exhibit B.  Letter, AFPC/DPSIT, dated 21 Jun 13.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Aug 13.




                                   Panel Chair





Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 04771

    Original file (BC 2013 04771.txt) Auto-classification: Approved

    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 a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). If you do not receive...

  • AF | BCMR | CY2013 | BC 2013 03671

    Original file (BC 2013 03671.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03671 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The effective date of his Post-9/11 Transfer of Educational Benefits (TEB) election and his associated four-year active duty service commitment (ADSC) begin on 16 Mar 10. Had the applicant completed his election to transfer his Post-9/11 GI Bill...

  • AF | BCMR | CY2013 | BC 2013 04298

    Original file (BC 2013 04298.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04928 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 17 Aug 11. He should be granted the 17 Aug 11 TEB transfer date because he met the requirements by signing the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of...

  • AF | BCMR | CY2013 | BC 2013 04365

    Original file (BC 2013 04365.txt) Auto-classification: Denied

    In support of her request the applicant provides copies of her AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU) and AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF) Air Force Reserve (AF Reserve) Air National Guard (ANG). Post-9/11 GI Bill Transferability: Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post- 9/11 GI Bill eligibility requirements and at the...

  • AF | BCMR | CY2014 | BC 2014 02823

    Original file (BC 2014 02823.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02823 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her 11 Mar 11 application for transfer of her Post-9/11 GI Bill Educational Benefits to her dependents be approved with an Active Duty Service Commitment (ADSC) date of 10 May 15. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial as there is no evidence the applicant signed the SOU in Mar 11. THE BOARD DETERMINES...

  • AF | BCMR | CY2012 | BC-2012-01734

    Original file (BC-2012-01734.pdf) Auto-classification: Denied

    He knew there was a four year ADSC with the transfer but was completely unaware there was a form to sign at the time of submission for approval. He was sent an email on 13 Jun 2011 requesting he sign and return the SOU. He has served 17 years of service in the United States Air Force and as an officer takes integrity very seriously.

  • AF | BCMR | CY2013 | BC 2013 02830

    Original file (BC 2013 02830.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: On 17 Jan 12, she applied to transfer her Post-9/11 GI Bill benefits to her dependents; however, on 30 Jan 12, her application was rejected because she did not complete and return the Statement of Understanding (SOU). In addition, when the applicant applied through MilConnect there was a “Message from your Service Component” displayed, which states “Your transfer request is not final until you...

  • AF | BCMR | CY2013 | BC 2013 04592

    Original file (BC 2013 04592.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04592 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) for his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be changed to 21 Apr 11, instead of 30 Apr 15. On 20 May 13, more than two years after extending his enlistment for TEB, AFPC notified him that the TEB transfer did not occur because he did not sign the...

  • AF | BCMR | CY2014 | BC 2014 00189

    Original file (BC 2014 00189.txt) Auto-classification: Denied

    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).

  • AF | BCMR | CY2013 | BC 2013 05876

    Original file (BC 2013 05876.txt) Auto-classification: Denied

    The applicant’s first TEB application clearly stated the service member must use the vMPF to complete the TEB SOU. It also stated if the service member did not meet the retainability requirements and failed to sign the TEB SOU within 14 days, the application would be rejected. He was provided a TEB extension until 16 Nov 11; however, he failed to sign the TEB SOU.