RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02563
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents when he initially submitted his application in Apr 10.
APPLICANT CONTENDS THAT:
He did not receive an e-mail about not having the correct retention to fulfill the transfer; however, he re-enlisted at the time he submitted his application in order to meet the four year retainability requirement. He has already served the 47 months for the TEB. Had he received the e-mail when he initially applied, then he would have signed and/or obtained the correct requirements.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On the date the application was submitted, the applicant was serving in the Regular Air Force in the grade of master sergeant (E7).
According to the Air Force OPR, the applicant applied for TEB on 15 Apr 10 and the application was rejected on 14 Aug 10, because the required TEB Statement of Understanding was not signed.
On 16 Apr 10, the applicant re-enlisted for a period of four years and one month.
On 25 Jul 13, the applicant extended his 16 Apr 10 enlistment for a period of 15 months for the purpose of qualifying for PCS.
On 8 Apr 14, the applicant signed a second extension to his
16 Apr 10 enlistment for a period of nine months for the purpose of transferring his educational benefits. His extension to his current enlistment totaled 24 months.
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The applicant claims he did not receive the email from the Total Force Service Center (TFSC) in Apr 10 and that is why he could not complete all program requirements. With his reenlistment, he met all eligibility criteria except the agreement to serve the four year obligation via the TEB SOU. At the time of his TEB application, there was no banner on the vMPF which asked members to verify phone and email address. Therefore, it is impossible to determine if the applicants email address was valid at the time he applied. Likewise, there is no way to confirm if he received the communication from the TFSC regarding both the initial notification and the rejection notice. In this regard, it is reasonable to believe that he would have signed the TEB SOU, had he been properly notified. Accordingly, since the applicant reenlisted during the application period to obtain the required retainability, we recommend his TEB be approved effective
15 Apr 10, with an obligation end date of 14 Apr 14.
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 19 Sep 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicants complete submission, we believe it is in the interest of justice to recommend granting the requested relief. Therefore, 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 been the victim of an error or injustice. Accordingly, we recommend his records be corrected as set forth below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 15 Apr 10, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents.
The following members of the Board considered AFBCMR Docket Number BC-2014-02563 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:
The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Mar 14.
Exhibit B. Military Personnel Record
Exhibit C. Letter, AFPC/DPSIT dated 3 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 14.
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