RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05210
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he accomplished a Post- 9/11 
GI Bill transfer of education benefits (TEB) to his dependent in 
February 2010.  

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  He completed the required application to transfer his Post-
9/11 GI Bill TEB to his dependent.  He communicated his intent 
to serve the required 3-year active duty service commitment 
(ADSC) by completing the application.  At that time, his 
expectation was that he had fulfilled all requirements and the 
process for his Post-9/11 GI Bill TEB was completed.  In 
November 2012, he began researching how to transfer the benefit 
to his daughter and found out that his application package had 
been rejected in March 2010, a month after he had signed up for 
the program.  Between 2010 and 2012 he did not receive an email 
stating that he needed to sign additional documentation.  He is 
not saying that an email was not sent from AFPC, only that he 
never received an email.  

2.  There are several reasons he may not have received the 
email.  He had computer connectivity issues and was also on 
several temporary duty (TDY) assignments in the 30 days 
following his completion of the application process.  E-mail 
from AFPC may have been rejected because his inbox was full.  
Additionally, in 2010, the Post-9/11 GI Bill TEB program was in 
its infancy.  He did not understand there was a requirement to 
sign any documents or he would have ensured that he followed up 
with AFPC.  Without any notification that he had documents to 
sign, he should not be held responsible for his application 
being rejected.  

The applicant did not submit any documents in support of his 
request.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of Lieutenant Colonel, O-5.  

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFPC/DPSIT recommends denial.  DPSIT states that the 
applicant did not provide adequate justification or 
documentation.  The applicant initially applied on 
22 February 2010, and had 14 calendar days to return the 
required Statement of Understanding (SOU).  This form is 
required because the applicant is required to acknowledge and 
agree to serve the required ADSC.  The applicant’s application 
expired on 3 March 2010, because he did not return the required 
SOU.  

2.  The Department of Veterans Affairs (DVA), DoD, and the 
military services widely publicized the Post-9-11 GI Bill and 
the transferability feature.  DOD developed a special website, 
hosted by the Defense Manpower Data Center (DMDC), to facilitate 
the transfer of educational benefits.  The website system was 
operational on 27 June 2009 for the purpose of accepting 
transfer of education benefits applications.  The DoD Directive 
Type Memo (DTM) and AFI 36-2306, Voluntary Education Program, 
states the transfer must be made while the member is serving in 
the Armed Forces.  Both documents were published on government-
hosted websites prior to 1 August 2009, the effective date of 
the Post-9/11 GI Bill.  

The complete AFPC/DPSIT evaluation, with attachment, is at 
Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant reiterates his contention that he 
did not receive an e-mail notification informing him that he 
needed to sign an extension form.  The applicant further 
explains that in January 2010, he began having significant 
computer connectivity issues which ultimately resulted in 
replacement of his work computer in May 2010.  These issues 
included; not being able to print, VPN connection issues, and 
not receiving e-mails.  On multiple occasions in the months of 
January through March, his network administrators worked on his 
computer multiple times a week sometimes even several times a 
day.  They even went to the extent of deleting all of the 
programs and reinstalling them to try and resolve his computer 
issues.  During those months, there were multiple weeks which he 
did not receive any e-mails.  During February through April, his 
network administrators opened several job orders in order to try 
and resolve the e-mail issue.  On one occasion, after a week of 
not receiving any e-mail, it was discovered that his e-mail 
account had been mistakenly deleted at Scott AFB, Illinois, when 
another individual with the same name as his was involved in a 
permanent change of station.  It took several weeks to correct 
this issue.  Finally in May, they received new computers and 
swapped out his old computer for a new one.  Had he received an 
e-mail stating that he needed to sign an extension to transfer 
the Post-9/11 GI Bill TEB, he would have signed the document 
immediately.  He is still on active duty and has fulfilled the 
3-years required in order to be eligible to transfer these 
benefits to his daughter.  

The applicant’s complete 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 an error or an injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, to include his rebuttal, we are persuaded 
that relief is warranted.  In this respect, we note the 
applicant believed he had completed the required application to 
transfer his Post-9/11 GI Bill TEB to his dependent in February 
2010.  However, he did not receive an e-mail notification 
informing him that he needed to sign a Statement of 
Understanding (SOU) most likely because he experienced 
significant computer connectivity issues which ultimately 
resulted in replacement of his work computer in May 2010.  We 
note the comments of the Air Force office of primary 
responsibility indicating the applicant failed to follow through 
with the requirement to transfer benefits by completing the SOU; 
however, in light of the events highlighted above, and  due to 
the TEB program being newly implemented  we find that through no 
fault of the applicant he was not fully aware of the TEB rules 
and requirements to transfer his benefits.  In view of this, we 
find a sufficient basis to conclude that he has been the victim 
of an injustice and therefore, recommend the records be 
corrected as indicated below.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 12 September 2013, under the provisions 
of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05210 was considered:  

    Exhibit A.  DD Form 149, dated 7 Nov 2012.
    Exhibit C.  Letter, AFPC/DPSIT, dated 13 Nov 2012, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Dec 2012.
    Exhibit E.  Letter, Applicant, dated 27 Feb 2013.