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 applicants 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 applicants vMPF email
addresses of record on 22 July 2011, directing the applicant to
complete the required Statement of Understanding. The
applicants application was rejected on 4 August 2011 and
another email was sent to both the applicants 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 applicants 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
applicants request. voted to deny the applicants 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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