RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03716
XXXXXXXX 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:
When he applied for TEB, he contacted the Education Center for assistance with the application process to ensure he met all requirements and found out that a one-year service commitment was required. To meet the eligibility requirements, he completed an AF Form 1411, Extension of Enlistment, at the Military Personnel Flight (MPF) and submitted his application on the milConnect website, assigning two hours to his wife and seventeen hours to each of his children.
After completing his TEB application he immediately applied for retirement; however, due to miscounseling he did not know he needed to wait for his TEB to be approved before applying for retirement. He never received an email stating his TEB was disapproved and is now unable to transfer hours to his dependents.
The error was not discovered until June 2014 when his daughter, applied to use the benefit and was denied.
The applicants complete submission 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).
On 15 Mar 11, the Defense Manpower Data Center (DMDC) application shows that the applicant applied for TEB.
According to AFPC/DPSIT, his application was rejected on 1 Apr 11 because the applicant did not sign the TEB Statement of Understanding (SOU).
On 11 Apr 11, the applicant applied for retirement.
The applicants Total Active Federal Military Service Date (TAFMSD) is 12 Jul 90. In accordance with AFI 36-2306, Para A9.18.1.4.3. For those members eligible for retirement after 1 August 2009 and on or before 1 August 2010, one year of additional service from the date of request is required. Based on his TAFMSD, he would have incurred a 1-year active duty service commitment (ADSC) obligation with TEB approval.
According to his DD FM 214, Certificate of Release from Active Duty, the applicant separated from the Regular Air Force effective 31 Mar 12. The narrative reason for his separation was Voluntary Retirement: Sufficient Service for Retirement.
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. 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!"
Furthermore, 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.
Although the applicant states he did not receive email communication from the TFSC, the message presented to the applicant during the TEB application process states that completion of the TEB SOU was a mandatory requirement for TEB approval. Additionally, the applicant was provided an opportunity to validate his email address on record to ensure he would receive TEB communication from the TFSC during the application process.
If the Board determines that an injustice has occurred and decides to approve the applicants request, the TEB effective date would be 15 Mar 11 with an Obligation End Date of 14 Mar 12.
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 17 Nov 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 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-2014-03716 in Executive Session on 11 May 15, under the provisions of AFI 36-2603:
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The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03716 was considered:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Sep 14.
Exhibit B. Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 20 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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