RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00300
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The effective date of his Post-9/11 GI Bill Transfer of Educational Benefits (TEB) transfer be changed to 1 Feb 12.
APPLICANT CONTENDS THAT:
He applied to transfer his TEB benefits in Feb 12 and his application was rejected, but he was never notified of the rejection. When he discovered the error in Dec 13, he applied again, but the four year active duty service commitment he accepted for TEB should start 1 Feb 12 rather than in Dec 13.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
On 31 Jul 14, the applicant voluntarily retired under Temporary Early Retirement Authority (TERA), and was credited with 17 years, 09 months, and 15 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. The member states he never received the email communications from the Total Force Service Center (TFSC) instructing him to complete the TEB Statement of Understanding (SOU) or the notification his application was rejected. However, he did not provide sufficient justification or documentation. To access the MilConnect website and submit a TEB request, members must go through Virtual MPF (vMPF). Prior to accessing Self-Service Actions, the member must click the button saying: I have verified my email and phone. This function allows the member to provide both a military and personal email address. Had the member accurately completed this step, he would have received two emails from the TFSC. The first would have been the initial notification providing instructions on the actions required. The second would have been the rejection of the TEB request. Additionally, when the member applies through MilConnect there is a Message from your Service Component which states: Your transfer request is not final until you digitally sign the AF Form 4406 (Post-9/11 GI Bill Transfer of Education Benefits Statement of Understanding) email with TEB incident in the subject line, stating your AF Form 4406 is ready for signature. If you DO NOT receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP! There is no record of the member inquiring about the status of the application until an e-mail was sent to the AFPC/DPSIT Education Services advising that the previous submission had expired and the member would need to reapply.
A complete copy of the AFPC/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 Jul 14 for review and comment within 30 days (Exhibit D). 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. 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 AFPC/DPSIT and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Even if there were a basis to correct the applicants records to reflect he elected to transfer his benefits on 1 Feb 12, in view of the fact the applicant voluntarily retired on 31 Jul 14, he would not have met the requisite service commitment for the transfer. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-00300 in Executive Session on 4 Nov 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jan 14, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 31 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14.
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