RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03459
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:
In Jun 1l he signed an extension with the Air Force for the purpose of transferring his TEB benefits to his children. He completed all the required documentation, but somehow AFPC has lost his Statement of Understanding (SOU). He tried to send them a copy of his SOU; however, AFPC stated that it contained an incorrect date and he would have to apply to the BCMR.
In more detail, the date on the SOU reflects the day he signed the document (9 Jun 1l), but that block should have reflected the date that his commitment would be fulfilled (20 May 15). On 18 Jun 13, he entered into his extension contract and is currently fulfilling his agreed upon 4-year service commitment, which began in May 11. He takes partial responsibility for not noticing the incorrect date that was placed on the SOU, but nevertheless he will still fulfill his obligation and has earned this benefit with what will be 22 years of service. Furthermore, he did not receive adequate notice in a timely manner that would have allowed him to correct this discrepancy. His children deserve the opportunity to utilize this educational benefit and he is asking that his original TEB application that was initiated in May 11 be approved.
In support of his appeal, the applicant submits a signed copy of his SOU and an AF Form 1411, Extension of Enlistment in the Air Force, which validates that he extended in order to qualify for TEB transfer.
The applicants 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 Master Sergeant (E-7).
According to AFPC/DPSIT, the applicant initially applied for TEB on 20 May 11, but it was rejected on 17 Jun 11 because he did not agree to the required 4-year Active Duty Service Commitment (ADSC).
On 6 Jun 11, AF Form 1411, Extension of Enlistment in the Air Force, shows that the applicant reenlisted for a period of
21 months to qualify for TEB transfer.
The applicant provided, a Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), which he signed on 9 Jun 11. The service commitment date reads 9 Jun 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!"
Upon applying for TEB through the Virtual Military Personnel Flight (vMPF), the applicant was presented with a screen showing his professional and private email address to which notifications would be sent. In order to proceed with his application, the applicant had to click a button which states "I have verified my email and phone". Had the applicant checked and/or updated this information, notification of disapproval from the TFSC would have been received by the applicant.
Furthermore, a TEB SOU which is digitally signed through vMPF auto-populates the date in the Active Duty Component block in day/month/year format (example: 9 June 2011). The date on the SOU provided by the applicant reads 9/6/2011. This is not consistent for a valid SOU, which would have auto-populated
4 years from the date of the applicants initial TEB application in MilConnect (19 May 15).
The applicant did not complete the TEB SOU and therefore his
20 May 11 TEB application could not be approved. The applicant was required to agree to serve 4 additional years IAW AFI 36-2306, Attachment 9, A9.18.1.2. Without the TEB SOU, no agreement is reached.
If the Board believes an injustice has occurred and wishes to provide relief to the applicant, their TEB application will be approved effective 20 May 11, with the associated ADSC running to
19 May 15.
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). 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. 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-2014-03459 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03459 was considered:
Exhibit A. DD Form 149, dated 11 Aug 14, w/atchs.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Oct 14.
Exhibit C. Letter, SAF/MRBR, dated 10 Feb 14.
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