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AF | BCMR | CY2013 | BC 2013 03062
Original file (BC 2013 03062.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-03062
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to have his Post 9/11 GI Bill Transfer of 
Educational Benefits (TEB) backdated to reflect his original 
application date of 13 March 2011.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

His Active Duty Service Commitment (ADSC) should start in March 
2011 rather than June 2013.

He was on a temporary duty (TDY) to Nellis AFB attending the 
USAF Weapons School from 27 December 2010 to 15 June 2011.  He 
submitted an application for the TEB on 13 March 2011 at which 
point he thought the application process was complete.  He never 
received the confirmation email with instructions on how to 
finalize the application and sign the SOU because it was 
automatically sent via the application system to his home 
station email account which at that point was closed due to 
inactivity.  He thought the process was complete until an audit 
generated notification was sent to him two years later in May 
2013.

In support of the applicant’s appeal, he submits a copy of his 
travel voucher.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is currently serving in the grade of captain.

The applicant’s application for TEB was rejected in 2011; 
however, he reapplied in June 2013 and his application was 
approved in which he incurred an ADSC date of 19 June 2017.



Any member of the Armed Forces on or after 1 August 2009, who, 
at the time of the approval of the individual's request to 
transfer entitlement to educational assistance under this 
section, is eligible for the Post-9/11 GI Bill, has at least 
6 years of service in the Armed Forces (active duty and/or 
Selected Reserve) on the date of election and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant was 
sent his initial email on 4 April 2011 requesting signature on 
the SOU.  He had the opportunity to contact the Total Force 
Service Center (TFSC) as stated in the Submit Transfer Request, 
which states if you experience any problems contact the AFPC 
Service Center at Toll Free: 1-800-525-0102.  Had he done so - 
he would have received the guidance to go back to the vMPF and 
sign his SOU.  The applicant submitted an application for the 
Post 9/11 GI Bill through the MilConnect website on 13 March 
2011 and an email was sent to the applicant’s email address that 
was listed in the vMPF.  In the email from the TFSC it states 
that you are to click on the vMPF and validate your contact 
information by clicking on “I have verified my email and phone,” 
this is the very first step in the process of applying for the 
TEB.  A member has to verify this information before proceeding 
any further.

The applicant’s application is not supported with evidence that 
he was a victim of an error or injustice.  Following the notes 
in Right Now Technology (RNT) it seems the applicant never made 
the attempt to follow through with signing the SOU.  Without the 
signing of an SOU there is no way the TFSC has any idea the 
applicant wants the obligated four year ADSC that goes along 
with the transfer of the benefit.  As of the date of this 
AFBCMR, the applicant has re-applied for the TEB and has been 
approved.

The DPSIT complete evaluation is at Exhibit B.

________________________________________________________________
_









APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 August 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

________________________________________________________________
_

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.  The 
applicant’s contentions are duly noted; however, we agree with 
the opinion and recommendation of the Air Force office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice.  Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or an injustice; the 
application was denied without a personal appearance; and 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-2013-03062 in Executive Session on 17 April 2014, 
under the provisions of AFI 36-2603:













The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-03062 was considered:

  Exhibit A.  DD Form 149, dated 19 June 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIT, dated 15 July 2013, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 5 August 2013.




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