RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04771

	  	COUNSEL:  NO 

		HEARING DESIRED:  NO  


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APPLICANT REQUESTS THAT:

His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents on 22 Nov 10. 

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APPLICANT CONTENDS THAT:

He was unjustly denied his Post-9/11 GI Bill TEB.  On 22 Nov 10, he submitted an application for the Post-9/11 GI Bill TEB for his family.  He did not check the Block “Post-9/11 GI Bill Chapter 33,” so the application was rejected.  However, due to the poorly designed web page error notification process, he was not notified there was a problem with his application.  He was eligible to retire at the time, and did not need any additional ADSC for this benefit.  After being told by his MilPERS that he should have received a “pop up” message on his computer screen that stated his application was not submitted, he tried to recreate his error and the web page still did not show the “pop up” message and his application again appeared to be submitted.  At the very top of the screen an error message did appear, but applicants have to manually scroll to the top of the page to see the “pop up” message he was told about.  This is a poorly designed error notification.  His application form shows no error.  In addition:

	a.  He works in the U.S. Embassy in Portugal with very little contact with his MPF in Washington D.C.  Normally this type of change is briefed at Commander’s Calls.  He did not get an e-mail or notification about the TEB suspense. 

	b.  He discovered the expired suspense, dated 26 Jun 13 on the Air Force Portal in mid-August, which is too short a suspense (36 days) to properly notify personnel due to leave.  

	c.  He is not eligible for high year tenure (HYT) eligibility because he cannot PCS back to the United States after this special duty assignment ends in Jun 16.  His HYT is Apr 17.  
	d.  He was eligible to retire in 2010, so he does not require any additional ADSC, and he qualifies for TEB.  His HYT is Apr 17, when he achieves 30 years of active service.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of Chief Master Sergeant (E-9). 

On 15 Apr 07, the applicant completed 20 years of active service and was eligible to retire.  As such, he was eligible for Post-9/11 GI Bill benefits in his own right and would not have incurred an active duty service commitment (ADSC) if he had transferred said benefits to his dependents.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

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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 with logging into the Department of Defense TEB website.  Under the TEB site there is a Message from Your Service Component that clearly states:  “Your Transfer request is not final until you digitally sign 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 your AF Form 4406 is ready for signature.  If you do not receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP!”  The applicant states he never received disapproval to transfer his Post-9/11 GI Bill benefits from the Air Force via mail.  Had the applicant contacted the Total Force Service Center as directed, he would have been told he needed to check the block labeled “Post-9/11 GI Bill Chapter 33,” and then sign the Statement of Understanding (SOU).  The applicant never made an attempt to follow-up.  In addition, the member states he applied by submitting his application for the Post-9/11 GI Bill through the DMDC website in Nov 10.  Had he done so, he would have received guidance to go back to the TEB Website and check the Post-9/11 GI Bill Chapter 33 block, and then go to the vMPF and sign the SOU.  There is no evidence in the Right Now Technology or the TEB website that the applicant submitted an application.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant does not believe the advisory writer looked at the specifics of his case close enough.  The advisory writer quoted the new requirements on the TEB web page, but did not address the requirements the applicant submitted prior to the website being updated.  The TEB printout he submitted from 2010 said “IMPORTANT NOTICE:  YOUR TRANSFER REQUEST IS NOT FINAL UNTIL YOU DIGITALLY SIGN THE AF FORM 4406 IN VIRTUAL MPF (UNLESS YOU HAVE COMPLETED 20 YEARS OF ACTIVE FEDERAL SERVICE OR 20 QUALIFYING YEARS UNDER TITLE 10 OF THE UNITED STATED CODE ON OR BEFORE 1 AUG 09).  Because he had over 20 years before 1 Aug 09, he would not have received a 4406 to sign as the advisory states he failed to do.  He specifically stated on his DD Form 149 that he was eligible to retire with NO ADDITIONAL ADSC and no further action was required.  He was not required to follow-up and sign an SOU.  In addition, he cannot extend to his HYT because he does not have one year of retainability to PCS back to the CONUS after his Jun 16 DEROS. In 2010, he tried to submit his application for TEB in good faith (Exhibit D).

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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, to include his rebuttal response to the advisory opinion.  While the Board notes the comment from AFPC/DPSIT that there is no evidence the applicant made the attempt to contact the TFSC to correct errors encountered during the application process or to sign an SOU, given that the applicant clearly applied for Post-9/11 GI Bill benefits at a time when no additional ADSC was required on his part, we do not find it reasonable he would have knowingly elected not to complete the application process for such an important entitlement.  Therefore, we recommend the applicant’s record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 22 November 2010 he elected to transfer his Post-9/11 GI Bill Educational Benefits.

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The following members of the Board considered AFBCMR Docket Number BC-2013-04771 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:

     Panel Chair
Member
Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Oct 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 12 Nov 13, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 14.
	Exhibit E.  Letter, Applicant, dated 22 Jan 14, w/atchs.