RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03671
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The effective date of his Post-9/11 Transfer of Educational Benefits (TEB) election and his associated four-year active duty service commitment (ADSC) begin on 16 Mar 10.
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APPLICANT CONTENDS THAT:
He was never notified his application for Post-9/11 GI Bill TEB was rejected when he initially applied three years ago. There is no record of any correspondence from anyone indicating a problem with his application. When he starting looking into how to distribute his benefits, he was shocked to realize his application had been rejected. His organization was undergoing significant change at the time, so if AFPC did send him a notification, he did not receive it.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of lieutenant colonel (O-5) and is projected to retire in said grade on 1 Jul 14. Had the applicant completed his election to transfer his Post-9/11 GI Bill Benefits on the requested date, he would have been able to perform the requisite four-year ADSC before his projected retirement date.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 Bill, has at least six years of service in the Armed Forces 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 pursuant to Service regulations (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.
The process of applying for TEB requires the member to enter his home e-mail address and to verify both his home and work email addresses are correct before he can proceed further. The TEB website clearly states, Your transfer request is not final until you digitally sign AF Form 4406 in Virtual MPF. It also tells the member that Within 72 duty hours you will receive an Air Force Personnel Center (AFPC) email with TEB Incident in the subject line, stating your AF Form 4406 is ready for signature. If you do not receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP! The applicant submitted an application for the Post-9/11 GI Bill through Defense Manpower Data Center (DMDC) website on 1 Mar 10. On 3 Mar 10, he was sent the initial email requesting he sign the Statement of Understanding (SOU) agreeing to his ADSC. The applicant never signed the SOU or made an attempt to follow-up with the TFSC as directed. Without a signed SOU, there is no way the TFSC has any idea if the applicant agreed to the 4-year ADSC required for TEB. The applicant has not provided sufficient evidence to establish that he was the victim of an error or injustice.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03671 in Executive Session on 28 May 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jul 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 8 Aug 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Nov 13.
Panel Chair
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