RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03407
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Post 9/11 GI Bill Transfer of Education Benefits (TEB) be
approved.
APPLICANT CONTENDS THAT:
He submitted his TEB on 19 Jul 11, during a time period where
his organizations email domain was moving to a different Air
Force Base. Subsequently, he never received an email notifying
him his application was not accepted.
Because his enlistment would be complete in Jul 2014, he thought
he met the Active Duty Service Commitment (ADSC) requirement for
retainability. Unbeknownst to him, he was 17 days short.
While preparing for retirement, he discovered the TEB request
was not approved, so he is trying to correct it now.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 23 Jun 92.
On 20 Jul 11, the applicant initially applied for TEB, on 3 Aug
11 the application was rejected because the applicant did not
sign the Statement of Understanding.
On 19 Mar 14 the applicant signed the DD Form 2648,
Preseparation Counseling Checklist, acknowledging that he had
received counseling on the Post 9-11 GI Bill, Chapter 33.
On 31 Oct 14, the applicant was relieved from active duty and
retired, effective 1 Nov 14. He was credited with 22 years, 4
months and 8 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 MilConnect website provides a
message to TEB applicants stating YOUR TRANSFER REQUEST IS NOT
FINAL UNTIL YOU DIGITALLY SIGN AF FORM 4460 (POST 9/11 GI BILL
TRANSFER OF EDUCATIONAL BENEFITS STATEMENT OF UNDERSTANDING) IN
VIRTUAL MPF. Within 72 duty 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! Please note
the following (1) Do not transfer benefits unless you are
willing to complete the service obligation. While you may
revoke your transfer at any time, a revocation DOES NOT
automatically cancel the associated ADSC, even if benefits have
not been used. (2) If you have an APPROVED retirement
application, you are NOT ELIGIBLE to submit a TEB request. (3)
Individuals undergoing an evaluation by a Medical Evaluation
Board (MEB) or Physical Evaluation Board (PEB) should call the
TFSC before submitting a transfer request.
Additionally, the initial notification sent to the member on
20 Jul 11 explained the requirement to sign the TEB SOU and
obtain the required retainability in order for his application
to be approved. Though the member states he did not receive
email communication from the TFSC, the message presented to him
during the TEB application process outlined completion of the
TEB SOU as a mandatory requirement for TEB approval. He was
instructed to contact the TFSC if he did not receive an email
within 72 hours. The member did contact the TFSC on 3 Aug 11 to
ask What was required to restart the process. No attempt was
made to reapply for TEB until 8 Apr 13. The second application
was also rejected because the member failed to meet the two
requirements for TEB approval. Because he now has an approved
retirement effective 1 Nov 14, he is ineligible for TEB because
he cannot agree to the required four year ADSC.
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 10 Oct 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 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 of injustice.
While we acknowledge the applicants request to have Post-9/11
GI Bill transfer of education benefits approved, we do not
believe he has demonstrated evidence of an injustice, as
compared to others in his similar situation. 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03407 was considered:
Exhibit A. DD Form 149, dated 15 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 27 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.AF | BCMR | CY2013 | BC 2013 03671
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Under the Transfer of Education Benefits (TEB) website, it notifies the applicants that their transfer request is not final until the SOU is digitally signed in the Virtual Military Personnel Flight (vMPF). On 12 Oct 10, an email was sent to the applicant informing her that her application for TEB had expired because she did not sign the SOU. As of this date, no response has been received by this office (Exhibit D).
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AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, that based onthe information reported in the TEB and counseling notes inRight Now Technology (RNT) by the Total Force Service Center(TFSC) personnel, the applicant was provided all instructions/requirements needed prior to the TEB applicationapproval; specifically, the requirement to sign a Statement ofUnderstanding (SOU) agreeing to the obligated service incurredfor participating in the TEB option under the Post-9/11 GI...
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There is no record the member signed his SOU on 18 Feb 10. 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 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.
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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. The date on the SOU provided by the applicant reads 9/6/2011. The applicant did not complete the TEB SOU and therefore his 20 May 11 TEB application could not be approved.
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The member states that he reapplied for the benefit which also required a reenlistment well beyond 20 years of service. Examiners Note: According to the DD Form 4/1, the applicant would have had the retainability required for TEB at the time of his Jul 11 submission. Without a signed SOU, the TEB application cannot be approved.
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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. 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...