RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04592

		COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His active duty service commitment (ADSC) for his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be changed to 21 Apr 11, instead of 30 Apr 15. 



APPLICANT CONTENDS THAT:

His TEB application was denied without proper notification after he had already extended his enlistment for TEB.  He applied for the Post-9/11 GI Bill TEB on 21 Apr 11 when he had 17 years of Total Active Federal Military Service (TAFMS), and therefore only required an additional two years of service for this benefit.  On 5 May 11, he submitted an AF 1411, Extension Or Cancellation Of Extensions Of Enlistment In The Regular Air Force/Air Force Reserve, to extend his enlistment to cover the period of time required for the TEB ADSC.  This extended his service through 31 Apr 15.  On 20 May 13, more than two years after extending his enlistment for TEB, AFPC notified him that the TEB transfer did not occur because he did not sign the Statement of Understanding (SOU), and in order to qualify he would have to re-apply and extend for an additional four years from the date of application.  AFPC says they sent him correspondence on MyPERS, but he can find no record of receiving any correspondence from MyPERS.  He feels his enlistment extension was a contract with the Air Force for receiving TEB. 

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant currently serves on active duty in the grade of Senior Master Sergeant (E-8).

On 21 Apr 11, the applicant submitted an application to transfer his Post-9/11 GI Bill benefits to his dependents through the Defense Management Data Center (DMDC) website. 

On 5 May 11, the applicant reenlisted for a four year period, establishing his date of separation (DOS) as 30 Apr 15.   

The remaining relevant facts pertaining to this application are described in the letter 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 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 for applying for TEB begins by logging into the vMPF.  The first page that pops up is verification of the member’s duty email address.  Members also have the opportunity to list a second email address and the applicant listed his home e-mail address.  Members must verify both email addresses are correct before proceeding.  Under the TEB website there is a “Message for Your Service Component,” which states “Your transfer request is not final until you digitally sign an 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 that your AF Form 4406 is ready for signature.  If you do not receive this e-mail, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP.”  The applicant needed to secure the required retainability and sign the Statement of Understanding (SOU).  The applicant had the opportunity to contact the TFSC as stated in the Submit Transfer Request, but never made an attempt to follow-up as directed.  Had the applicant done so, he would have received guidance to sign his SOU.  Without a signed SOU, the TFSC has no idea if the applicant agreed to the ADSC required with the transfer of the benefits.  

A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

At the time he applied, the program was its infancy and the process for application was not widely understood.  For assistance, he went to the Department of Veterans Affairs (DVA) Administrative Representative at his Airman and Family Readiness Center.  The DVA rep counseled him on TEB, but did not mention a requirement for an SOU.  In addition, the advisory states “without the SOU, the member’s application cannot be approved as the member’s intent cannot be determined.”  He entered and served an enlistment extension, approved by his commander for the sole purpose of qualifying for TEB.  That clearly documented his intention, and should be sufficient proof of his intention at the time of his application.  To the best of his knowledge at the time he applied, once he acquired the necessary ADSC, the TEB process was done.  The reason he has not yet reapplied for TEB (and four more years) is because he first needs to have this injustice corrected.  He faithfully and honorably fulfilled his duties commensurate with ADSC requirement at the time he applied for TEB.  Finally, under the current FY14 Force Management Program, members who elected to transfer their benefits prior to applying for the Temporary Early Retirement Authority (TERA) or the Voluntary Separation Program (VSP) are having their required ADSC service obligations waived even though they didn’t finish serving the required period.  If members are being allowed to separate with TEB without fulfilling their required TEB ADSC requirements, how can someone who applied for TEB, agreed to the ADSC, and then served the full required ADSC be denied the same benefit after fulfilling the service commitment? (Exhibit E)



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 applicant’s complete submission, to include his rebuttal response to the advisory opinion, 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.  The applicant’s contentions are duly noted; however, we do not find the applicant’s arguments or the documentation provided sufficient to conclude that an error on the part of the Air Force has caused the applicant to be the victim of an injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 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-2013-04592 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:

	Panel Chair
      Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 19 Nov 13, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 14.
Exhibit E.  Letter, Applicant, dated 21 Jan 14, w/atchs.

						






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