RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04928
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 17 Aug 11.
APPLICANT CONTENDS THAT:
He submitted his TEB application while deployed in Afghanistan, and for some unknown reason the application was not accepted. Due to an error in his contact information, he did not receive any notification of such, and it wasnt until early 2013 that he discovered his application had not been accepted.
He should be granted the 17 Aug 11 TEB transfer date because he met the requirements by signing the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, and his Department of Veterans Affairs (DVA) records show he transferred his educational benefits to his son in 2011.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 28 May 03, upon graduation from the United States Air Force Academy, and currently serves in the grade of major (O-4).
On 12 Mar 13, the applicant signed the Post-9/11 GI Bill TEB statement of understanding (SOU) and agreed to incur a 4-year active duty service commitment (ADSC).
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. The applicant contends that his contact information must have been in error, resulting in him not being notified that his TEB application was not complete (no electronic signature of the Statement of Understanding (SOU)). The DVA, the Department of Defense (DoD) and military services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website was operational 27 Jun 09 for the purpose of accepting transfer benefits applications. The process for applying for the TEB begins by logging into the vMPF. The first page that pops up is the verification of members duty email address. The member also has the opportunity to list a second email address and must verify all email addresses before proceeding with the application process.
Right Now Technology (RNT) records reveal he submitted an application for the Post-9/11 GI Bill through the Defense Manpower Data Center (DMDC) website on 17 Aug 11. The member was sent his initial email on 18 Aug 11 directing he visit the vMPF/Self Service Actions/TEB link to determine eligibility and sign the SOU. The applicant never made an attempt to follow through with the requirement to sign the SOU. Without a signed SOU, the Total Force Service Center (TFSC) cannot verify that the member agrees to the four-year ADSC required with the transfer of educational benefits.
Additionally, the DVA record (screen shot) provided by the member allegedly verifying he transferred his educational benefits to his son in 2011, shows his entitlement information, not his sons.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Jan 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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.
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.
The following members of the Board considered AFBCMR Docket Number BC-2013-04298 in Executive Session on 3 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 12 Dec 13,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 Jan 14.
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