RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05847
		COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His Transfer of Educational Benefits (TEB) start date be backdated 
to 13 Sep 11.


APPLICANT CONTENDS THAT:

By backdating his TEB start date he is not required to complete an 
additional four-year Active Duty Service Commitment (ADSC).

He would not have been able to reenlist, on 13 Sep 11, had it not 
been to meet the service requirement to qualify for the TEB.  His 
reason for reenlisting is clearly noted on his AF Form 901, 
Reenlistment Eligibility Annex to the DD Form 4, signed 27 Sep 11.

The Military Personnel Flight (MPF) representatives did not 
explain that he had to complete the transaction in both the 
Virtual MPF (vMPF) and the MilConnect systems on his reenlistment 
date.

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


STATEMENT OF FACTS:

According to his DD Form 4, Enlistment/Reenlistment Document, 
Armed Forces of the United States, on 27 May 99, the applicant 
entered active duty in the Regular Air Force.  

His DD Form 4, dated 13 Sep 11, reflects the applicant reenlisted 
for a period of 4 years and 5 months.  He was credited with 
12 years, 3 months, and 17 days of active duty service at the time 
of reenlistment.

His AF Form 901, Reenlistment Eligibility Annex to the DD Form 4, 
signed 27 Sep 11, Block 1(D) reflects, the reason for this 
reenlistment was to qualify for transferability of the Post 9/11 
GI Bill.  The box for “Yes” is checked.


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant's request is not 
supported with evidence that he was a victim of an error or 
injustice.  There are no notes in the Right Now Technology showing 
the applicant submitted his application on 13 Sep 11.  It seems 
the applicant never made an attempt to follow through with the 
requirement to apply for TEB and sign the Statement of 
Understanding (SOU).  Without a signed SOU, the Total Force 
Service Center (TFSC) has no idea the applicant agrees to the 4-
year ADSC required with the transfer of the benefit.

In addition, he did submit an application for the Post-9/11 GI 
Bill through MILCONNECT.  In order to be approved for the TEB, a 
member must go to the Defense Manpower Data Center (DMDC) website 
to acknowledge and agree to serve the four-year ADSC by signing 
the SOU.  There is no evidence the applicant went into the 
MILCONNECT site to sign up.  Had he followed up with the TFSC on 
13 Sep 11, he would have received guidance on how to sign up for 
the TEB.  The applicant had the opportunity to contact the TFSC, 
but made no attempt to follow-up as directed.  

There is no evidence that he applied for the TEB in MILCONNECT or 
signed the SOU.  Without the SOU, his application cannot be 
approved as his intent cannot be determined.  

The complete DPSIT evaluation, with attachments, is at Exhibit D.

AFPC/DPSOA did not provide a recommendation.  However, they 
validated the applicant’s reenlistment, on 13 Sep 11, was to 
obtain retainability for his TEB.

The applicant contends he reenlisted to be eligible for TEB.  The 
circumstances are unclear as to what the reenlistments counselor 
used to validate the applicant's requirement to get retainability 
for the TEB; however, the counselor should have used a system 
generated rip stating the applicant needed retainability through a 
specific date.  It is clear; nonetheless, the applicant reenlisted 
to obtain retainability for the TEB, as the applicant’s was not in 
his normal reenlistment window.  The applicant's reenlistment 
window was from 29 Nov 12 through 29 Feb 13 which was the 90 day 
period before his Date of Separation (DOS); the applicant's DOS 
was 29 Feb 13 at that time.  

The complete DPSOA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that he would not have been able to reenlist 
if he had not requested the TEB for his dependents.  His reason 
for reenlisting is clearly noted on his AF Form 901.

The sole reason for reenlistment was to qualify for the TEB.  He 
received no counseling at the Military Personnel Section (MPS) to 
contact the TFSC for more guidance and any mandatory system 
requirements.  Had he been properly counseled, he would have had 
the opportunity to satisfy all necessary action to ensure his 
dependents received the TEB.

He obtained the necessary retainability, his intentions were 
documented on his AF Form 901 and the fact the MilConnect and VMPF 
does not reflect that he qualified for the TEB, on 13 Sep 11, 
reflects a clear disservice to him.

The applicant’s complete response is at Exhibit F.


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.  After a thorough review of the 
evidence of record and the applicant’s complete submission, the 
Board majority recommends approval.  We note AFPC/DPSIT states 
there is no evidence the applicant applied for the TEB in 
MILCONNECT or signed the SOU.  However, given that DPSOA has 
validated that he reenlisted to obtain retainability for the TEB, 
the Board’s majority finds it in the interest of justice to 
recommend the applicant’s records be corrected as indicated below.  


RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT be corrected to show that on 13 Sep 11, 
he elected to transfer his Post 9/11 GI Bill benefits to his 
eligible dependents.


The following members of the Board considered AFBCMR Docket Number 
BC-2013-05847 in Executive Session on 10 Dec 14 and 27 Jan 
15 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

By a majority vote, the Board voted to correct the records as 
recommended.  Mr. XXXXX voted to deny, but does not wish to submit 
a Minority Report.  The following documentary evidence pertaining 
to AFBCMR Docket Number BC-2013-05847 was considered:

	Exhibit A.  DD Form 149, dated 23 Dec 13, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIT, dated 23 Jan 14, w/atchs.
	Exhibit D.  Letter, AFPC/DPSOA, dated 31 Mar 14.
	Exhibit E.  Letter, SAF/MRBR, dated 25 Apr 14.
	Exhibit F.  Letter, Applicant, dated 29 Apr 14.