RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03064
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Post-9/11 GI Bill educational benefits be transferred to his
dependents effective January 2011.
________________________________________________________________
APPLICANT CONTENDS THAT:
He accomplished all of the requirements to be eligible to
transfer his Post-9/11 GI Bill to his daughter. In 2011, he
signed the Statement of Understanding (SOU) twice. He was then
granted the transfer. The military personnel flight
accomplished AF Form 1411, Extension or Cancellation of
Extension of Enlistment in the Regular Air Force (REGAF) Air
Force Reserve (AF RESERVE) Air National Guard (ANG), which was
approved by the Air Force and his commander. He completed the
active duty service commitment but the code was never applied to
his records. He was deployed and on temporary duty a lot
between 2011 and 2013 and assumed the transfer was a done deal.
He was unaware his electronic signature was never received for
the SOU.
In support of the appeal, the applicant submits AF Form 1411,
and MilConnect correspondence.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Air Force serving in the grade
of master sergeant.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant submitted the
application to transfer the Post-9/11 GI Bill on 18 January
2011. He was sent an email to the email address listed on the
vMPF. He contends he obtained the required retainability on 21
January 2011; however, without the SOU, there is no way to
determine if he agreed to the ADSC. On 8 February 2011, he
contacted the TFSC and an SOU was forwarded to him for signature
and return. The SOU was never received.
Any member of the Armed Forces who, on or after 1 August 2009,
who is eligible for the Post-9/11 GI Bill, has at least 6 years
of service 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. The transfer must be initiated while the
member is serving in the Armed Forces, which is limited to those
on active duty or in the Selected Reserves.
To apply for TEB, members must log onto the Virtual Military
Personnel Flight (vMPF). Prior to entering the vMPF home page,
a catch-page appears and shows the members listed personal and
professional email addresses, as well as their duty an
commercial phone numbers. The member must click the I have
verified my email and phone prior to proceeding. Right Now
Technology (RNT) reads these email addresses when any email is
sent from the Total Force Service Center (TFSC)_ and that is
where emails are delivered.
When a member logs into MilConnect they are notified that their
transfer request is not final until the AF Form 4406 is
digitally signed. They are also instructed that they will
receive an email with the TEB incident number within 72 hours.
If they do not receive that email, they should contact the TFSC
ASAP. The SOU is a contract and is not binding until signed.
Additionally, no active duty service commitment can be applied
to a member without them acknowledging the SOU.
The applicant was sent an email on 19 January 2011 requesting
his signature on the SOU. He states that he never received this
email. He also contends that he was deployed and TDY and he
thought the TEB was a done deal. He had the opportunity to
contact the TFSC as stated in the submitted transfer request.
Had he done so, he would have received guidance to go back to
the vMPF and sign his SOU.
The applicant has not submitted evidence that he was the victim
of an error or injustice. Following the notes in RNT, it
appears he never made an attempt to follow through with the SOU.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 August 2013, for review and comment within
30 days (Exhibit C). As of this date, this office has received
no response.
________________________________________________________________
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. After
careful consideration of the applicants request and the
available evidence of record, we are not persuaded corrective
action is warranted. While the applicant contends he signed the
SOU twice, he has not submitted evidence to substantiate his
contention. Therefore, we agree with the opinion and
recommendation of the Air Force offices 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. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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-2013-03064 in Executive Session on 12 March 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03064 was considered:
Exhibit A. DD Form 149, dated 20 Jun 13, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 15 Jul 13.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 13.
AF | BCMR | CY2013 | BC 2013 03062
He submitted an application for the TEB on 13 March 2011 at which point he thought the application process was complete. 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. 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.
AF | BCMR | CY2014 | BC 2014 03459
The message states in part: "Within 72 hours you will receive an Air Force Personnel Center (AFPC) email with "TEB INCIDENT" in the subject line, stating that your AF Form 4406 is ready for signature. The date on the SOU provided by the applicant reads 9/6/2011. The applicant did not complete the TEB SOU and therefore his 20 May 11 TEB application could not be approved.
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* If the member has at least six years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or * 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 Air Force policy, DoD policy or statute from committing to four additional years (HYT,...
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