RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00189
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill benefits to her
dependent daughter.
________________________________________________________________
APPLICANT CONTENDS THAT:
She applied to transfer her education benefit while on active
duty and does not know what happened to her signed Statement of
Understanding (SOU).
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 20 Dec 90, the applicant enlisted in the Regular Air Force,
with a Total Active Federal Military Service Date (TAFMSD) of
20 Dec 90.
On 8 Oct 91, the applicant was appointed to the grade First
Lieutenant (O-2) in the United States Air Force Reserve (USAFR)
Judge Advocate Generals Department Reserve (JAGDR), with a
Total Federal Commissioned Service Date (TFCSD) of 8 Oct 91.
On 27 Jul 10, the applicant received her preseparation
counseling.
On 1 Jan 11, the applicant retired from active duty and she was
credited with 19 years, 2 months and 23 days of total active
service.
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill,
the Secretary concerned, to promote recruitment and retention in
the Uniformed Services, may permit an individual eligible for
Post-9/11 GI Bill educational assistance to elect to transfer to
one or more of his or her family members all or a portion of his
or her entitlement to such assistance. For individuals eligible
for retirement on or after 1 Aug 10, and before 1 Aug 11,
2 years of additional service after approval of transfer are
required.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. 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). It also informs the
applicant that they will receive an Air Force Personnel Center
(AFPC) email within 72 duty hours, stating that their SOU is
ready for signature. Additionally, it informs them that if they
do not receive the email, to call the Total Force Service Center
(TFSC) as soon as possible (ASAP). On 24 Sep 10, the applicant
submitted her application for the Post-9/11 GI Bill and on
27 Sep 10, she was sent an email directing her to visit the
vMPF/Self Service Actions/TEB link to determine eligibility and
sign the SOU. The applicant never made the attempt to follow
through with the requirement to sign the SOU after being
notified by email. Without a signed SOU, the TFSC has no idea
if the applicant agrees to the two year Active Duty Service
Commitment required with the transfer of the benefit.
Additionally, on 14 Jan 10, the applicant submitted her request
for retirement, effective 1 Jan 11.
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.
On 2 Dec 10, the applicant inquired with the TFSC about either a
waiver to qualify for TEB or a waiver for mandatory retirement
to allow two years of service to facilitate the transfer. The
applicant was advised about the TEB exceptions to the two year
ADSC date of 23 Sep 12, and was given advice on retirements.
The applicant requested retirement effective 31 Dec 10 [sic] and
therefore, would not have the retainability to fulfill her ADSC
of 23 Sep 12 for the TEB. There is no record that the applicant
had indeed signed her SOU.
The complete DPSIT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 21 Mar 14 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 Docket
Number BC-2014-00189 in Executive Session on 10 Dec 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00189 was considered:
Exhibit A. DD Form 149, dated 17 Dec 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 23 Jan 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
AF | BCMR | CY2013 | BC 2013 04298
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04928 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 17 Aug 11. He should be granted the 17 Aug 11 TEB transfer date because he met the requirements by signing the AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits Statement of...
AF | BCMR | CY2013 | BC 2013 03973
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for transfer of his Post-9/11 GI Bill Educational benefits to his dependents be corrected to 9 Apr 2018 [sic]. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or...
AF | BCMR | CY2013 | BC 2013 05219
Transferability of unused benefits to dependents: Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the members request to transfer entitlement to educational assistance the member meets one of the following: o Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees...
AF | BCMR | CY2012 | BC-2012-01734
He knew there was a four year ADSC with the transfer but was completely unaware there was a form to sign at the time of submission for approval. He was sent an email on 13 Jun 2011 requesting he sign and return the SOU. He has served 17 years of service in the United States Air Force and as an officer takes integrity very seriously.
AF | BCMR | CY2013 | BC 2013 05847
He obtained the necessary retainability, his intentions were documented on his AF Form 901 and the fact the MilConnect and VMPF does not reflect that he qualified for the TEB, on 13 Sep 11, reflects a clear disservice to him. After a thorough review of the evidence of record and the applicants complete submission, the Board majority recommends approval. We note AFPC/DPSIT states there is no evidence the applicant applied for the TEB in MILCONNECT or signed the SOU.
AF | BCMR | CY2014 | BC 2014 03131
There is no record the member signed his SOU on 18 Feb 10. DPSIT recommends the members date of TEB application be changed to 18 Feb 10 and the ADSC date be adjusted to 17 Feb 11, due to the fact that he did not receive emails instructing him to sign the SOU. The following members of the Board considered AFBCMR Docket Number BC-2014-03131 in Executive Session on 11 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended.
AF | BCMR | CY2012 | BC-2012-02905
AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, that based onthe information reported in the TEB and counseling notes inRight Now Technology (RNT) by the Total Force Service Center(TFSC) personnel, the applicant was provided all instructions/requirements needed prior to the TEB applicationapproval; specifically, the requirement to sign a Statement ofUnderstanding (SOU) agreeing to the obligated service incurredfor participating in the TEB option under the Post-9/11 GI...
AF | BCMR | CY2013 | BC 2013 05876
The applicants first TEB application clearly stated the service member must use the vMPF to complete the TEB SOU. It also stated if the service member did not meet the retainability requirements and failed to sign the TEB SOU within 14 days, the application would be rejected. He was provided a TEB extension until 16 Nov 11; however, he failed to sign the TEB SOU.
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 | CY2012 | BC-2012-04006
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. By the time she completed the process to extend on active duty, signed the SOU, and received approval for TEB she had an outstanding...