RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-03211

	XXXXXXXXXXXXX		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependents.  


APPLICANT CONTENDS THAT:

On 26 Aug 11, he applied for TEB and obtained 2 years of additional retainability to transfer his benefits.  Almost 2 years later, on 17 Jul 13 he received an e-mail from the myPers Total Force Service Center (TFSC) informing him that his application had been rejected for not completing the required Statement of Understanding (SOU) or for not acquiring the retainability needed to fulfill his service obligation.   

From his understanding when he extended his enlistment he had fulfilled all the requirements.  Furthermore, at the time he applied he asked a Military Personnel representative if he completed the TEB process and the representative told him “Yes.”  He was unaware that he needed to continually verify that his TEB had been approved and requests that his service time be credited to the application he submitted in 2011.

In support of his appeal, the applicant submits the 17 Jul 13 
e-mail from the TFSC stating that his application was rejected; a print-out from the milConnect website showing that he applied for his benefits in Aug 11 and inputted a request to transfer months of his benefits to his dependents; an AF Form 1411, Extension of Enlistment in the Air Force, which validates that he extended in order to qualify for TEB transfer; and an unsigned SOU. 

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






STATEMENT OF FACTS:

During the events under review, the applicant was serving in the Regular Air Force in the grade of Senior Master Sergeant (E-8).

According to AFPC/DPSIT, the applicant initially applied for TEB on 1 Aug 11, but it was rejected on 15 Aug 11 because he did not sign the required TEB SOU.  

On 26 Aug 11, a print-out from the Defense Manpower Data Center (DMDC) provided by the applicant indicates that he submitted a request to transfer his TEB to his dependents. 

On 1 Sep 11, AF Form 1411, Extension of Enlistment in the Air Force, shows that the applicant extended his enlistment for a period of 24 months to qualify for TEB transfer. 

On 12 Sep 11, a print-out from the DMDC indicates that his TEB application was rejected.  According to AFPC/DPSIT it was again disapproved because he did not sign the required SOU.

On 17 Jul 13, the applicant received an audit e-mail from the TFSC stating that his TEB application was rejected by the TFSC on 
12 Sep 11.

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 B.    


AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  On the MilConnect website, members are presented with a message during the application process. The message states in part: "Within 72 hours you will receive an Air Force Personnel Center (AFPC) email with "TEB INCIDENT" in the subject line, stating that 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!" 

The initial notification sent to the applicant explained the requirement to sign the TEB SOU prior to application approval. While the applicant did complete an extension for TEB approval, the TEB SOU is also required for TEB approval.  Because he did not complete the TEB SOU during the application process, his TEB application was rejected.  The applicant did not respond to the TEB rejection until an audit email was sent by AFPC on 17 Jul 13 informing him his previous application had expired and he would need to reapply. 

If the Board determines that an injustice has occurred and decides to approve the applicant’s request, the TEB effective date would be 1 August 2011 with an Obligation End Date of 31 July 2015.

A complete copy of the AFPC/DPSIT evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, was forwarded to the applicant on 10 Feb 15 for review and comment within 30 days (Exhibit C).  

The applicant objects to the recommendation from DPSIT on the basis that his oversight was strictly administrative in nature.  The TEB process is not streamlined enough, as are the many websites required to navigate, and oversights such as his should be expected.  While he did not digitally sign the TEB SOU, the intent was indeed made as he extended on Sep 11.  It would be absurd to withhold these benefits as he will have fulfilled his commitment in 2015.  Furthermore, he has recently re-enlisted and will now stay on active duty until 2017.  Finally, the Military Personnel Representative who assisted him in 2011 stated that his required actions were complete and no further action was needed to process his TEB.  He asks that the Board approve his TEB by taking into consideration his sincere intent in meeting the TEB SOU by extending his service commitment and also by the fact that AFPC did not notify him until 2013, almost two years after his application had been rejected.

The applicant’s complete response, with attachments, is at Exhibit D.   


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 error or injustice.  We took notice of the applicant's 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2014-03211 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:

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The following documentary evidence was considered:
Exhibit A.  DD Form 149, dated 16 Jul 14, w/atchs.
Exhibit B.  Letter, AFPC/DPSIT, dated 20 Oct 14.
Exhibit C.  Letter, SAF/MRBR, dated 10 Feb 15.
Exhibit D.  Applicant’s Rebuttal, dated 12 Mar 15, w/atchs. 




















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