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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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
applicants 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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The applicant submitted the application to transfer the Post-9/11 GI Bill on 18 January 2011. The SOU was never received. The applicant was sent an email on 19 January 2011 requesting his signature on the SOU.
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The complete AFPC/DPSIT evaluation is at Exhibit B. He believes his ADSC should be 9 June 2015 based on his original intent for the TEB and the fact that he did not receive an email concerning the SOU and an expired TEB application. We note the applicant’s assertion that he suffered an injustice when he did not receive an email concerning the SOU and an expired TEB application; however, he has not provided sufficient evidence to support that he was treated any differently than other...
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