RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05233
COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) be changed to reflect
that he applied for the Transfer of Educational Benefits (TEB) in
2009.
APPLICANT CONTENDS THAT:
In 2009, he accomplished all the documentation to include the TEB
Statement of Understanding (SOU) during a group session sponsored
by the wing. He was assured by the staff that no additional
actions were required. On 29 October 2013, he logged into
MilConnect and noticed that his TEB application was rejected
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the
grade of major (O-4). His Total Federal Active Military Service
Date (TAFMSD) is 24 November 1999.
On 31 October 2013, the applicant signed the Post 9/11 GI Bill TEB
SOU and agreed to incur a service obligation of four years.
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the
Secretary concerned, to promote recruitment and retention in the
Uniformed Services, may permit an individual eligible for Post-
9/11 GI Bill educational assistance to elect to transfer to one or
more of his or her family members all or a portion of his or her
entitlement to such assistance.
* 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, MEB/TDRL, etc.) of service and agrees to serve for
the maximum amount of time allowed by such policy or
statute.
* Per AFI 36-2306, Voluntary Education Program, A9.18.1.4.2,
dated 13 Aug 10, for those members who have an approved
retirement date after 1 August 2009 and before 1 July
2010, no additional service is required.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. When a military member applies for
TEB through MilConnect, there is a message which states "Your
transfer request is not final until you digitally sign AF Form
4406. Within 72 duty hours, a member will receive an 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! This initial notification sent on 29 September 2009,
directed the applicant to visit the vMPF/Self Service Actions/TEB
link to determine eligibility and to sign the SOU. While he
states he signed the SOU during a group session, there was never a
copy at the TFSC. He had the opportunity to contact the TFSC as
stated above, but he never made an attempt to follow-up as
directed.
Finally, in accordance with AFI 36-2306, Voluntary Education
Program, without a TEB SOU, there is no agreement. Therefore the
applicant did not meet all eligibility requirements and the
application must be denied. The applicant has since reapplied for
the TEB and was approved.
The complete DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 24 January 2014, a copy of the Air Force evaluation was
forwarded to the applicant 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. 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 the
rationale expressed as the basis for our conclusion 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.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 this application in
Executive Session on 1 December 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2013-
05233 was considered:
Exhibit A. DD Form 149, dated 30 October 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 16 December 2013.
Exhibit D. Letter, SAF/MRBR, dated 24 January 2014.
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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...
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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.
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Although the applicant states he did not receive email communication from the TFSC, the message presented to the applicant during the TEB application process states that completion of the TEB SOU was a mandatory requirement for TEB approval. Additionally, the applicant was provided an opportunity to validate his email address on record to ensure he would receive TEB communication from the TFSC during the application process. THE BOARD DETERMINES THAT: The applicant be notified that the...
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