RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04586
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Transfer of
Educational Benefits (TEB) to his dependents effective 22 July
2011.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
The original date he submitted his request was on 22 July 2011.
He was not made aware that there were follow-up actions to his
TEB submission until he received an email from the TEB office in
July 2013.
In support of the applicants appeal, he provides a personal
statement, email communique and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of major.
Any member of the Armed Forces on or after 1 August 2009, who,
at the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, has at least six years of service in the Armed Forces
(active duty and/or Selected Reserve) on the date of election
and agrees to serve a specified additional period in the Armed
Forces from the date of election, is eligible for the Post-9/11
GI Bill.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT advises an email dated
5 August 2011 was sent to the applicant stating his application
for TEB had expired because he did not sign the SOU. It also
stated the required actions for the member to take in order to
proceed. The applicant states he listed both his personal and
Air Force E-mail-4-Career (E4C) address in an effort to ensure
delivery of correspondence. The email notification from the
TFSC is sent to the address listed on the Banner page of the
vMPF which shows both applicants personal email and his E4C
email address.
All of the evidence validates the applicant did not do the
transfer of benefits as noted on applicants Submit Transfer
Request form and Service Member History form. Without a signed
SOU, the Air Force has no way to determine if the member agrees
to the four year Active Duty Service Commitment (ADSC).
As of the date of this BCMR, the applicant has not re-applied
for the TEB.
The DPSIT complete evaluation, with attachments, is at Exhibit
B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 March 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). 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. The
applicants contentions are duly noted; however, we agree with
the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or an 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-2013-04586 in Executive Session on 1 July 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 September 2013, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 26 November 2013,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 March 2014.
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AF | BCMR | CY2013 | BC 2013 03062
He submitted an application for the TEB on 13 March 2011 at which point he thought the application process was complete. The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. Without the signing of an SOU there is no way the TFSC has any idea the applicant wants the obligated four year ADSC that goes along with the transfer of the benefit.
AF | BCMR | CY2013 | BC 2013 03064
The applicant submitted the application to transfer the Post-9/11 GI Bill on 18 January 2011. The SOU was never received. The applicant was sent an email on 19 January 2011 requesting his signature on the SOU.
AF | BCMR | CY2013 | BC 2013 04298
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. 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...
AF | BCMR | CY2013 | BC 2013 03431
Once he was notified, he immediately requested and filed for the date of his service commitment to be adjusted to the original request date. The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. Prior to accessing the...
AF | BCMR | CY2014 | BC 2014 03459
The message states in part: "Within 72 hours you will receive an Air Force Personnel Center (AFPC) email with "TEB INCIDENT" in the subject line, stating that your AF Form 4406 is ready for signature. The date on the SOU provided by the applicant reads 9/6/2011. The applicant did not complete the TEB SOU and therefore his 20 May 11 TEB application could not be approved.
AF | BCMR | CY2014 | BC 2014 01917
Upon further inquiry with AFPC personnel, he was informed that his disapproval was due to no signed SOU in his personnel file; however, he states that he completed a SOU and provided this document in his original TEB submission. Without a signed SOU, TFSC personnel cannot determine if the applicant accepts the 4 year Active Duty Service Commitment (ADSC); therefore, no eligibility for the program could be established, as the law/regulations cite the date of request as the date on which the...
AF | BCMR | CY2013 | BC 2013 02149
On 10 Feb 2010, he was sent an email requesting he sign his SOU. We took notice of the applicant's 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. __________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2013 | BC 2013 05233
* If the member has at least six years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or * 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 Air Force policy, DoD policy or statute from committing to four additional years (HYT,...
AF | BCMR | CY2013 | BC-2013-00879
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. DPSIT states the applicant did not provide sufficient documentation to support his claim. When the applicant applied, the Post-9/11 GI Bill team at DPT sent an email to the applicants vMPF email address of record on 10 November 2010, directing the applicant to complete the required SOU...
AF | BCMR | CY2013 | BC 2013 04365
In support of her request the applicant provides copies of her AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU) and AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF) Air Force Reserve (AF Reserve) Air National Guard (ANG). Post-9/11 GI Bill Transferability: Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post- 9/11 GI Bill eligibility requirements and at the...