RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01882
COUNSEL: NONE
XXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The application he completed for the Transfer of Educational
Benefits (TEB) on 8 Dec 2010 be accepted.
________________________________________________________________
APPLICANT CONTENDS THAT:
A Total Force Service Center (TFSC) audit discovered a Statement
of Understanding (SOU) error 2-years after he submitted his
request for TEB. The administrative error did not alter the
parameters within or the commitment of the contract he originally
entered into. Therefore, his Active Duty Service Commitment
(ADSC) for TEB should begin on 8 Dec 2010.
In support of his request, the applicant provides a copy of a TEB
Discussion Thread.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 28 Feb 2013, the applicant signed the Post-9/11 GI Bill
Transfer Of Educational Benefits Statement Of Understanding.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states that on 7 Dec 2010,
the applicant submitted an application for the Post-9/11 GI Bill
through the Milconnect website. On 8 Dec 2010, he was sent an
email requesting he sign his SOU. On 22 Dec 2010, he was sent
another email stating his application had expired because he did
not sign the SOU. Had the applicant contacted the TFSC, he would
have received guidance to return to the virtual Military Personnel
Flight to sign the SOU. Right Now Technology notes reflect he
never made the attempt to follow through with signing the SOU.
Without singing the SOU there is no way the TFSC knew the
applicant wanted to obligate 4-years required for TEB. The
applicant has recently re-applied for the TEB and on 28 Feb
2013 he was approved. DPSIT finds there has been no injustice to
the extent that the applicant did not receive adequate counseling
as required by law and DoD regulations.
The complete DPSIT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 19 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
________________________________________________________________
?
The following members of the Board considered AFBCMR BC-2013-01882
in Executive Session on 16 Dec 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Apr 2013, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 1 May 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 19 May 2013.
Panel Chair
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AF | BCMR | CY2013 | BC 2013 02149
On 10 Feb 2010, he was sent an email requesting he sign his SOU. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. __________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2013 | BC 2013 01346
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 Mar 13, a copy of the Air Force evaluation, with attachments, was forwarded to the applicant for review and comment within 30 days (Exhibit C). However, considering that at the time of his original 12 Dec...
AF | BCMR | CY2013 | BC 2013 03062
He submitted an application for the TEB on 13 March 2011 at which point he thought the application process was complete. 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. Without the signing of an SOU there is no way the TFSC has any idea the applicant wants the obligated four year ADSC that goes along with the transfer of the benefit.
AF | BCMR | CY2013 | BC 2013 03064
The applicant submitted the application to transfer the Post-9/11 GI Bill on 18 January 2011. The SOU was never received. The applicant was sent an email on 19 January 2011 requesting his signature on the SOU.
AF | BCMR | CY2014 | BC 2014 00189
Under the Transfer of Education Benefits (TEB) website, it notifies the applicants that their transfer request is not final until the SOU is digitally signed in the Virtual Military Personnel Flight (vMPF). On 12 Oct 10, an email was sent to the applicant informing her that her application for TEB had expired because she did not sign the SOU. As of this date, no response has been received by this office (Exhibit D).
AF | BCMR | CY2012 | BC-2012-00720
The complete AFPC/DPSIT evaluation is at Exhibit B. He believes his ADSC should be 9 June 2015 based on his original intent for the TEB and the fact that he did not receive an email concerning the SOU and an expired TEB application. We note the applicant’s assertion that he suffered an injustice when he did not receive an email concerning the SOU and an expired TEB application; however, he has not provided sufficient evidence to support that he was treated any differently than other...
AF | BCMR | CY2013 | BC 2013 05233
* If the member has at least six years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or * has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either Air Force policy, DoD policy or statute from committing to four additional years (HYT,...
AF | BCMR | CY2012 | BC-2012-05521
In order to transfer the benefits now he would incur a 4 year Active Duty Service Commitment (ADSC). On 25 Oct 12, an email was sent to the applicant requesting him to sign the SOU; however, he never signed the SOU or attempted to follow-up by contacting the Total Force Serve Center (TFSC) to see if his application was complete. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force...
AF | BCMR | CY2014 | BC 2014 03211
In support of his appeal, the applicant submits the 17 Jul 13 e-mail from the TFSC stating that his application was rejected; a print-out from the milConnect website showing that he applied for his benefits in Aug 11 and inputted a request to transfer months of his benefits to his dependents; an AF Form 1411, Extension of Enlistment in the Air Force, which validates that he extended in order to qualify for TEB transfer; and an unsigned SOU. While the applicant did complete an extension for...
AF | BCMR | CY2014 | BC 2014 03459
The message states in part: "Within 72 hours you will receive an Air Force Personnel Center (AFPC) email with "TEB INCIDENT" in the subject line, stating that your AF Form 4406 is ready for signature. The date on the SOU provided by the applicant reads 9/6/2011. The applicant did not complete the TEB SOU and therefore his 20 May 11 TEB application could not be approved.