RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) for transfer of his
Post-9/11 GI Bill Educational benefits to his dependents be
corrected to 9 Apr 2018 [sic].
________________________________________________________________
APPLICANT CONTENDS THAT:
His ADSC of 7 Jul 2018 [sic] for Transfer of Education Benefits
(TEB) is incorrect and should reflect 9 Apr 2018.
On 9 Apr 2013, he followed all the steps as instructed for TEB.
The MilConnect website indicated the Statement of Understanding
(SOU) would be e-mailed but he never received it.
He contacted the Total Force Service Center (TFSC) and attempted
to transmit the SOU via the Virtual Military Personnel Flight
(vMPF) but the document did not transmit due to a technical
glitch.
This resulted in the expiration of his initial request and he
had to resubmit his TEB application. He is being penalized for
glitches in the MilConnect process and requests his ADSC for TEB
be corrected.
In support of his request, he provides a copy of his TEB
application.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the data extracted from the Military Personnel Data
System (PDS), the applicant entered the Air Force on 10 May
1996. His ADSC for transfer of his Post-9/11 GI Bill
Educational benefits to his dependents reflects 18 Jul 2017.
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.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The applicant stated via Right
Now Technology (RNT) notes that he digitally signed his TEB SOU
on 7 May 2013. It is impossible to know if the vMPF or the
Automated Records Management System (ARMS) were down or
experiencing technical difficulties during that time.
Therefore, DPSIT recommends the applicant be approved for TEB
effective 9 Apr 2013 with an ADSC/obligation end date of 8 Apr
2017.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 15 Oct 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 an error or injustice. The
applicant contends that he contacted the Total Force Service
Center (TFSC) and attempted to transmit the SOU via the Virtual
Military Personnel Flight (vMPF) but the document did not
transmit due to a technical glitch. DPSIT notes the applicant
provides a copy of the discussion thread in the Right Now
Technology (RNT) dated 7 May 2013, which supports his
contentions that he signed the TEB SOU. Additionally, DPSIT
states that it is impossible to know whether the vMPF or the
Automated Records Management System (ARMS) were down or
experiencing technical difficulties during that time. In view
of this, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt the rationale
expressed as the basis for our conclusion the applicant has been
the victim of an error and injustice. As such, we recommend his
records be corrected to show that that on 9 Apr 2013, he signed
a SOU to start his four year ADSC through 8 Apr 2017, and
elected to transfer his Post 9/11 GI Bill Educational Benefits
to his dependents. Accordingly, we recommend the applicants
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 9 Apr
2013, he signed a Statement of Understanding to start his four
year Active Duty Service Commitment through 8 Apr 2017, and
elected to transfer of his Post 9/11 GI Bill Educational
Benefits to his dependents.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03973 in Executive Session on 26 Jun 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as indicated. The
following documentary evidence in AFBCMR Docket Number BC-2013-
03973 was considered:
Exhibit A. DD Form 149, dated 19 Aug 2013, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 5 Sep 2013.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 2013.
Panel Chair
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