RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03131
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Post 9/11 GI Bill Transfer of Education Benefits (TEB) date of
application be corrected to reflect 18 Feb 10, the original date
he applied. He also requests the Active Duty Service Commitment
(ADSC) be adjusted to coincide with the original request and
expire 17 Feb 11.
APPLICANT CONTENDS THAT:
He applied for TEB, acknowledged and signed the ADSC Statement of
Understanding (SOU) in the Virtual Military Personnel Flight
(vMPF) system. He served an additional 19 months following the
acknowledgement, believing his application was complete. Though
he signed the SOU twice, his application was subsequently closed
without his knowledge and with no positive communication to that
end. The computer systems are difficult to use and he was not
provided any training for their use. The issues he experienced
are known and well characterized. He provides copies of
statements regarding his experience, intent and actions, the error
and his retirement processing in support of his application.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 May 90, the applicant entered the Regular Air Force.
As the applicant was eligible for retirement during the period
1 Aug 09 through 31 Jul 10, he could have elected to transfer his
benefits during this period and would have incurred a one year
active duty service commitment.
On 31 Jul 11, the applicant was relieved and retired, effective 1
Aug 11, and was credited with 21 years, 2 months, and 1 day of
active service.
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 Exhibits C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The member initially applied for
TEB on 18 Feb 10. Total Force Service Center (TFSC) personnel
contacted the member on 14 Jun 10 to ask the member if he was
still interested because he had not signed the SOU. The member
states he immediately went into the vMPF and signed his SOU for a
second time. There is no record the member signed his SOU on 18
Feb 10. Emails were sent to the member with instruction for
completing his application. According to AFI 36-2306, Voluntary
Education Program, without a signed SOU, the TEB application
cannot be approved because it cannot be determined if the member
accepts the appropriate ADSC; therefore, no eligibility for the
program could be established. The member would have incurred a
one year ADSC from the date of application for the transfer of
benefits to dependents (17 Feb 11). However, during this time
frame, Air Force Personnel Center (AFPC) was having problems with
attached recipients receiving emails, and the member could have
been one of the few that did not receive the email from the TFSC.
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 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 27 Oct 14 for review and comment within 30 days (Exhibit E).
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 an error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case
and agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale as
the basis for our conclusion the applicant has been the victim of
an error or injustice. Therefore, we recommend the applicant's
records be corrected as indicated below.
4. The applicants 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 18 Feb 10,
he elected to transfer his Post-9/11 GI Bill Educational Benefits
to his eligible dependents, generating an active duty service
commitment of one year, with a 17 Feb 11 expiration date.
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. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 24 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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