RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01383

					COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

1.  His records be corrected to show he was able to complete transfer of educational benefits (TEB) under the Post-9/11 GI Bill on 8 Aug 11, establishing an active duty service commitment (ADSC) of 7 Aug 15.  

2.  If the Board will not approve his TEB transfer date of 7 Aug 15, authorize him credit for serving two years of his TEB-based ADSC for the period of time he was not notified of his application’s termination, and authorize him to transfer his TEB with two remaining years of ADSC.   


APPLICANT CONTENDS THAT:

He completed the process of transferring his GI Bill TEB on 8 Aug 11.  He accepted the terms, and the web application closed, leading him to believe all required actions were completed.  The web application did not give instructions to look for an email.  He never received confirmation from the website that his application was submitted or the auto-generated e-mail with follow on instructions.  His application just expired.  He did not receive an email about his rejected application until two years later, when he learned his benefits had not transferred.  At the time he initially attempted to transfer education benefits he had just reestablished an Air Force email account after completing an assignment on the Joint Staff, and does not know why the emails did not make it into his inbox.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Jul 95.  As the applicant has served on active duty since 11 Sep 01, he was entitled to Post-9/11 GI Bill benefits in his own right and eligible to transfer his educational benefits to his dependents.  On the date the applicant indicates he attempted to transfer his benefits, he would have incurred a four-year active duty service commitment (ADSC), which would obligate him to serve until at least 7 Aug 15.

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.  According to the Defense Manpower Data Center (DMDC) the applicant initiated a TEB application on 8 Aug 11.  When accessing the DMDC website for TEB, a message from “Your Service Component” appears, which says that the transfer request is not final until the member digitally signs the Air Force Form 4406, Post-9/11 GI Bill Transfer of Education Benefits Statement of Understanding, and if members do not receive an email, to call the Total Force Service Center (TFSC).  E-mails were sent to the applicant on 9 Aug 11 and 23 Aug 11.  The applicant never signed the Statement of Understanding (SOU) with the Air Force acknowledging his agreement to serve the required ADSC associated with TEB.  On 23 Aug 11, the applicant’s TEB application was rejected.  The applicant did not follow-up with the TFSC as directed.  Because he didn’t sign the SOU, the TFSC cannot determine if he accepted the four-year ADSC.  The applicant states he did not receive the two emails on 9 Aug 11 and 23 Aug 11 because he had to establish an Air Force email account after completing a Joint Staff assignment.   However, his PCS orders show a 20 Jun 11 report no later than date to his gaining unit and the member’s TEB application date was 9 Aug 11.  The Virtual Military Personnel Flight requires members to verify their email addresses before proceeding.  

A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He does not dispute the facts presented in the advisory opinion; however, he does dispute the implied fact that he received the emails sent on 9 and 23 Aug 11.  He was transitioning from the Joint Staff to Barksdale AFB about that time, and was having a lot of trouble receiving his e-mails.  Because he was trying to apply for TEB, he would have signed the SOU or resubmitted the application had he known that was what was required.  Two years after applying, he found out his application was terminated.  If the Board will not approve his TEB transfer date of 7 Aug 15, he asks the Board to consider the two years period during which he was not notified of his application’s termination as ADSC time he served for TEB, and allow him to transfer his benefits as of the 30 May 14 date on the advisory opinion letter with an additional two year ADSC requirement, making his obligation end date 30 May 16 (Exhibit E).  


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  A majority of the panel finds sufficient evidence of an injustice.  The Board took notice of the applicant's complete submission in judging the merits of the case, to include the applicant’s response to the Air Force evaluation.  While the majority notes the recommendation from AFPC/DPSIT indicating that irrespective of his email difficulties, he should have known to follow up with the Total Force Service Center (TFSC) when he did not receive confirmation of the transfer of his benefits, the majority believes corrective action is warranted.  In this respect, the majority notes that it is reasonable to conclude, given the proximity of the applicant’s re-assignment from the Joint Staff to his attempts to transfer his benefits, that it is more likely than not he did not have appropriate e-mail connectivity during the period of time during which AFPC was attempting to notify him of the additional requirements for completing his Post-9/11 GI Bill TEB application.  Therefore, given these circumstances, the majority believes it is appropriate to conclude the applicant would have complied with these requirements had the applicant received the relevant information in a timely manner.  Therefore, the majority of the Board recommends the applicant’s record be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.


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 8 August 2011 he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents, generating an active duty service commitment of four years, with a 7 August 2015 expiration date.




The following members of the Board considered AFBCMR Docket Number BC-2014-01383 in Executive Session on 13 Jan 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board voted to grant the applicant’s request.  xxxxxxxxxx voted to deny, but did not elect to provide a minority report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSIT, dated 30 May 14, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.
      Exhibit E.  Letter, Applicant, dated 29 Aug 14.