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AF | BCMR | CY2013 | BC 2013 03316
Original file (BC 2013 03316.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

 
IN THE MATTER OF:				DOCKET NUMBER: BC-2013-03316
	 					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 to his dependents on 10 Jul 
2009.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He completed his Transfer of Education Benefits (TEB) in May 2009 
and received confirmation of his eligibility on 10 Jun 2009.

He knew TEB required a four year service commitment and wanted to 
enroll quickly as his current Active Duty Service Commitment 
(ADSC) was Sep 2013.

At the time, there was no indication of any other required steps 
to complete.  Once he completed the TEB application on the 
website, he sent an e-mail on 10 Jul 2009 to the people in his 
division so they could enroll as well.  He thought he had 
completed the requirements for TEB to his children.  

To ensure the benefits continued after his 1 Apr 2014 retirement, 
he called to check on the status and learned the TEB never 
occurred.  He never received any guidance at the time and only 
learned recently that he was supposed to complete a Statement of 
Understanding (SOU).  

He has a doctorate’s degree and had no intention of using his 
Post-9/11 GI Bill; instead he intended the benefits be 
transferred to his dependents.  

In support of his request, the applicant provides a copy of 
Department of Veterans Affairs (DVA) letter and e-mail 
communique.   
 
The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________




STATEMENT OF FACTS:

The applicant entered the Air Force on 30 Sep 1992 and was 
progressively promoted to the grade of lieutenant colonel (O-5).

In an e-mail dated 10 Jul 2009, he advised his co-workers the TEB 
site was operational and that he had been approved for TEB.

According to the Military Personnel Data System (MilPDS), the 
applicant had an ADSC for training through Sep 2013.  
 
Post-9/11 GI Bill:  Any member of the Armed Forces (active duty 
or Selected Reserve, officer or enlisted) on or after 1 Aug 2009, 
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 
2009 through 1 Aug 2013.  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. 

*	For those individuals eligible for retirement on 1 Aug 2009, no 
additional service is required. 

*	For those individuals who have an approved retirement date after 
1 Aug 2009, and before 1 Jul 2010, no additional service is 
required. 

*	For those individuals eligible for retirement after 1 Aug 2009, 
and before 1 Aug 2010, 1 year of additional service after 
approval of transfer is required. 

*	For those individuals eligible for retirement on or after 1 Aug 
2010, and before 1 Aug 2011, 2 years of additional service after 
approval of transfer are required. 

*	For those individuals eligible for retirement on or after 1 Aug 
2011, and before 1 Aug 2012, 3 years of additional service after 
approval of transfer required. 

He was retired 1 Apr 2014 after serving 21 years, 6 months and 
1 day on active duty. 

 ________________________________________________________________


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 information in the Right Now Technology 
(RNT) indicating he applied for TEB; therefore, it seems the 
applicant failed to follow through with signing the SOU.  If the 
applicant experienced any problems, he would have been prompted 
to contact the Total Force Service Center (TFSC).  If he signed 
up on the TEB website, he would have received an e-mail on 29 Jun 
2009 requesting he sign his SOU.  The e-mail provided 
instructions on signing the SOU and included a website for the 
applicant to check the application status.  The applicant never 
attempted to follow-up with the TFSC as directed.  If he had done 
so, he would have received guidance to sign his SOU in the 
Virtual Military Personnel Flight (vMPF).  It is clear the 
applicant simply failed to check each of the acknowledgements on 
the Defense Management Data Center (DMDC) website and follow 
through with signing up for TEB.    

The complete DPSIT evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 6 Sep 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, this office has not received a response (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.  While we note the Air Force 
office of primary responsibility recommends denial, it appears 
through no fault of the applicant he was not properly counseled 
regarding the steps necessary for TEB.  We find the email dated   
10 Jul 2009 corroborates the applicant’s assertions that he 
thought he had completed all the necessary steps for TEB.  
Furthermore, we do not find it reasonable that he would have 
knowingly elected not to pursue use of this important entitlement 
given that the applicant’s established ADSC at the time was later 
than that required for TEB.  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 10 Jul 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-2013-03316 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 8 Jul 2013, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 1 Aug 2013, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 6 Sep 2013. 




                                    
                                   Panel Chair



 

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