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 doctorates 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 applicants 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 applicants 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 applicants 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 applicants 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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