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AF | BCMR | CY2013 | BC-2013-00339
Original file (BC-2013-00339.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-00339
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Transfer of 
Educational Benefits (TEB) to his dependents effective 22 July 
2011.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He did not receive formal notification that his actions to 
transfer his benefits were incomplete until 2 November 2012 when 
he was sent email communique from the Total Force Service 
Center.  Shortly after transferring his benefits - he had a 
permanent change of station to Fort McNair in Washington, DC. 

The applicant provides no documents in support of his appeal.

The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of colonel.

Any member of the Armed Forces on or after 1 August 2009, who, 
at the time of the approval of the individual's request to 
transfer entitlement to educational assistance under this 
section, is eligible for the Post-9/11 GI Bill, has at least 
6 years of service in the Armed Forces (active duty and/or 
Selected Reserve) on the date of election and agrees to serve a 
specified additional period in the Armed Forces from the date of 
election.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

________________________________________________________________
_



AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states the applicant did 
not provide any supporting documentation regarding a permanent 
change of station (PCS), as well as the time frames in which 
this occurred.  When the applicant applied, the Post 9/11 GI 
Bill team at DPT sent an email to the applicant’s vMPF email 
addresses of record on 22 July 2011, directing the applicant to 
complete the required Statement of Understanding.  The 
applicant’s application was rejected on 4 August 2011 and 
another email was sent to both the applicant’s military email 
address as well as the personal email address the applicant 
specified.

The DPSIT complete evaluation, with attachment, is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 February 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

________________________________________________________________
_

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 is persuaded that relief is 
warranted.  In this respect, we note the applicant has provided 
documentation substantiating he applied for the Transfer of 
Educational Benefits (TEB) for his dependents.  We also note the 
comments of the Air Force office of primary responsibility 
indicating the applicant was notified via email to both his 
military and personal email address.  However, we find that due 
to the applicant not having an Air Force global address, he was 
not formally notified and thus unaware that his TEB was 
incomplete.   In view of the above, the Board majority finds the 
applicant is a victim of an injustice and therefore recommends 
the record 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 22 
July 2011, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00339 in Executive Session on 4 November 2013, 
under the provisions of AFI 36-2603:


By a majority vote, the Board recommended approval of the 
applicant’s request.    voted to deny the applicant’s request 
but does not desire to submit a minority report.  The following 
documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 14 January 2013.
  Exhibit B.  Letter, AFPC/DPSIT, dated 4 February 2013, w/atch.
  Exhibit C.  Letter, SAF/MRBR, dated 24 February 2013.





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