RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00146
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
In Jul 2009, he initiated TEB but was not provided any guidance on how to proceed with finalizing his TEB application. It was not until Oct-Nov 2012 when it was discovered that the information was sent to an e-mail account he did not have access to since he was not assigned to an Air Force Base.
In support of his request, the applicant provides a personal statement, copies of the Post-9/11 GI Bill TEB statement of understanding memorandum and AF Form 899, Request and Authorization for Permanent Change of Station (PCS) Orders.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is an active duty master sergeant (E-7) with an approved retirement effective date of 1 March 2014.
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 6 years of service in the Armed Forces on the date of election, and agrees to serve 4 additional years in the Armed Forces from the date of election are eligible to transfer their unused Post-9/11 benefits to their spouse or dependent children.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that there is no documentation or evidence to support that the applicant initiated action to obtain the 4 year retainability required for the TEB active duty service commitment (ADSC). The applicant was sent an e-mail on 31 Jul 2009, on 18 Aug 2009, and again on 4 Feb 2010 advising him that he would incur an ADSC and was instructed to contact the military personnel office to complete the required documents. The applicant was advised that failure to submit the required documentation would result in disapproval of the TEB. On 3 Oct 2012, the applicant inquired as to why he was not eligible for TEB and was advised that his TEB application was rejected due to failure to sign the statement of understanding and obtain the required retainability for the ADSC. DPSIT finds no evidence of an error or injustice.
A complete copy of the DPSIT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 Jan 2013 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
________________________________________________________________
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 Board majority notes that the Air Force office of primary responsibility recommends denial and states that several emails were sent to his email-for-life account to inform the applicant of the ADSC requirements. However, it appears that through no fault of his own, he did not have access to this account as he was taken off the Global Access Listing when he was assigned to an Army installation. Therefore, in an effort to remove any possibility of an injustice to the applicant, the Board majority recommends that his record 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 3 Feb 2010, he elected to transfer his Post 9/11 GI Bill Educational Benefits to his dependents.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-00146 in Executive Session on 4 Nov 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board voted to approve the request. { } voted to deny the request and elected not to submit a Minority Report. The following documentary evidence was considered in AFBCMR Docket Number BC-2013-00146:
Exhibit A. DD Form 149, dated 14 Dec 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 22 Jan 2013.
Exhibit C. Letter, SAF/MRBR, dated 25 Jan 2013.
Panel Chair
AF | BCMR | CY2013 | BC 2013 02517
________________________________________________________________ APPLICANT CONTENDS THAT: He registered for the Post 9/11 GI Bill and Transfer of Education Benefits (TEB) in Nov 2009 but unfortunately, was not aware he was required to sign a Statement of Understanding (SOU) concurring with the 4 year Active Duty Service Commitment (ADSC) required for TEB. 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...
AF | BCMR | CY2012 | BC-2012-03439
He was sent an email on 23 February 2010 requesting him to sign and return the SOU. Based on the fact that the applicant signed the ADSC and served the time requirement clearly establishes his intent to transfer benefits to his dependents. ________________________________________________________________ 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 10 March 2010, he elected to transfer...
AF | BCMR | CY2013 | BC 2013 05445
Since the applicant served on active duty since 11 Sep 01, he was entitled to Post-9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependents, provided he met the prescribed active duty service commitment (ADSC) of four years. Had the applicant successfully transferred his benefits on the date requested (3 Apr 10), he would have incurred a four-year ADSC requiring him to serve until at least 2 Apr 14. THE BOARD RECOMMENDS THAT: The...
AF | BCMR | CY2012 | BC-2012-01847
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01847 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His remaining active duty service commitment (ADSC) for the Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be waived. Post 9/11 GI Bill: Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug...
AF | BCMR | CY2012 | BC-2012-00786
_________________________________________________________________ APPLICANT CONTENDS THAT: In 2009, he registered for Post 9/11 GI Bill education benefits with the Department of Veterans Affairs (DVA) and was led to believe that his Defense Enrollment Eligibility System (DEERS) dependents would be automatically eligible to receive the education benefits. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air...
AF | BCMR | CY2013 | BC 2013 05609
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05609 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents on 8 Feb 10, the original date of his TEB application submission. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary...
AF | BCMR | CY2013 | BC 2013 04592
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04592 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His active duty service commitment (ADSC) for his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be changed to 21 Apr 11, instead of 30 Apr 15. On 20 May 13, more than two years after extending his enlistment for TEB, AFPC notified him that the TEB transfer did not occur because he did not sign the...
AF | BCMR | CY2013 | BC-2013-00987
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. The DPSIT complete evaluation is at Exhibit B. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 16 April 2012, he elected to...
AF | BCMR | CY2012 | BC-2012-00338
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00338 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to apply to transfer his Post 9/11 GI Bill benefits to his dependents with an effective date of January 2010 to avoid incurring an additional active duty service commitment (ADSC). The remaining relevant facts pertaining to this...
AF | BCMR | CY2011 | BC-2011-02712
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02712 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His transfer of education benefits (TEB) and active duty service commitment (ADSC) for the TEB be revoked. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...