RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2013-05700
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His records be corrected to reflect he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents while on active duty.


APPLICANT CONTENDS THAT:

He was under the impression that he had completed the process of TEB for his dependents on 8 March 2010; however, he was recently informed that the Virtual Military Personnel Flight (vMPF) portion was never completed.  According to the Total Force Service Center (TFSC), he was notified on several occasions of the discrepancy.  However, there was a problem with the spelling of his name in the global address book which caused an issue with his electronic mail (e-mail) account, as such; he never received information informing him of the problem with his TEB.  More importantly, since the only requirement lacking was a digital signature on the vMPF statement of understanding (SOU), he would not have willfully neglected that step, especially considering the scope of the benefit.  Furthermore, he already agreed to the terms through the Defense Management Data Center/Veteran Affairs’ (DMDC/VA) system.  

He understands the importance of the vMPF portion of the TEB since it establishes the active duty service commitment (ADSC).  When he submitted his application, it was his understanding that he incurred a 4-year ADSC from the date of the application.  Therefore, he had an established separation date of 9 March 2014 to ensure that service commitment was fulfilled.  

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


STATEMENT OF FACTS:

The applicant’s was commissioned in the in the Air Force on 28 May 2003.  

According to AFPC/DPSIT, the applicant applied for TEB on 8 March 2010.  

On 23 March 2010, the applicant’s application was rejected.  On the date in question, the applicant would have incurred a four year ADSC had he elected TEB.  

On 9 March 2014, the applicant was honorably discharged from the Regular Air Force due to resignation and transferred to the Air National Guard.  

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


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  Although the applicant applied for TEB his request was rejected.  He was presented with a message on the MilConnect website indicating his transfer request would not be final until he digitally signs an Air Force Form 4460, Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, in vMPF.  He did not sign the required SOU.  The applicant contends that he never received the numerous communications from the TFSC; however, even if the email communications were not received, the message on MilConnect presented to him during the TEB application process outlined completion of the TEB SOU as a mandatory requirement for TEB approval.  Furthermore, it indicated that if he did not receive the communication from the TFSC within 72 hours, he was instructed to contact the TFSC to receive assistance.  The first recorded communication between the applicant and the TFSC is on 19 September 2013, over three years past the TEB application date.  

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He argues that when he submitted his application, the TEB process was relatively new and he was working under the guidance of an on-base education counselor.  Although he is unable to remember the exact details, he does remember the counselor indicating the transfer was complete.  During the transition of the TEB process from paper to electronic, he understands how the form may not have been signed.  However, he reiterated the fact that his issues with his faulty e-mail address was the real contributor and had the correct e-mail address been in the system, he would have been able to resolve the issue immediately.  

A complete copy of the applicant’s response is at 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends there were systemic technical difficulties at play with his electronic mail (e-mail) account during the processing of his Post-9/11 GI Bill transfer of educational benefits (TEB), causing the failure of receiving critical information to finalize his TEB elections.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we believe that corrective action is warranted.  We note the comments of AFPC/DPSIT indicating that relief should be denied because the applicant was presented with a message that outlined the approval process on the MilConnect website when he applied for TEB; however, we believe the problems that occurred with the applicant’s e-mail account adversely impacted his ability to properly respond to the requirements to transfer benefits to his dependents.  In view of this and noting the applicant did take action to transfer his educational benefits, we find it reasonable that actions beyond his control prevented a successful transfer of benefits.  Therefore, we conclude the applicant was a victim of an error or injustice and recommend his records be corrected as indicated below.  


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 8 March 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits.  


The following members of the Board considered AFBCMR Docket Number BC-2013-05700 in Executive Session 23 March 2015 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member


All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05700 was considered:

	Exhibit A.  DD Form 149, dated 15 May 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 23 June 2014.
	Exhibit D.  Letter, SAF/MRBR, dated 8 September 2014.
	Exhibit E.  Letter, Applicant, dated 2 October 2014.