RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04681
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His active duty service commitment (ADSC) extension from the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) begin January 10, the month he originally transferred his educational benefits to his family.
APPLICANT CONTENDS THAT:
He initially applied for the Post-9/11 GI Bill TEB on 5 Jan 10, then immediately deployed for 365 days. Shortly after 5 Jan 10, an auto email detailing the follow-on requirement to sign a Statement of Understanding (SOU) to incur an ADSC was sent to his permanent duty station email address which was no longer monitored as he had departed his permanent duty station for pre-deployment training. Not until Oct 13 did he find out his application had been rejected/closed-out after a second auto email to the same permanent duty station email address went unanswered. He has since completed the transfer of TEB on 15 Oct 13 and signed the ADSC for four years from that date. However, in the interest of justice his ACSC should be reestablished at the originally intended transfer date of January 10.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the applicants military personnel records he was serving on active duty in the grade of Lieutenant Colonel at the time of the matter under review. As he had served on active duty since prior to 11 Sep 01, he is eligible for Post-9/11 GI Bill benefits in his own right would have incurred a four-year ADSC upon the transfer of said benefits.
On 3 Oct 13, the applicant signed the Post-9/11 GI Bill TEB incurring an ADSC of four years.
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 approving the application. Due to the applicants pre-deployment training and the lack of a Virtual Military Personnel Flight (vMPF) banner during the period of application where an alternative email could have been provided, the applicant did not receive the proper notifications to complete the process. Therefore, the applicants TEB application should be effective 5 Jan 10, with an applicable active duty service commitment date of 4 January 2014.
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 13 Jan 14, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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 injustice. We took notice of the applicant's complete submission in judging the merits of the case and 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 relief should be granted. Therefore, we recommend the applicants record be corrected as indicated below.
4. The applicants 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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he transferred his Post-9/11 GI Bill educational benefits on 5 January 2010, thereby incurring a four-year active duty service commitment (ADSC) date of 4 January 2014.
The following members of the Board considered AFBCMR Docket Number BC-2013-04681 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 15 Oct 13.
Exhibit D. Letter, SAF/MRBR, dated 13 Jan 14.
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