RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03439 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be adjusted to reflect 10 March 2010. _________________________________________________________________ APPLICANT CONTENDS THAT: He signed the Active Duty Service Commitment (ADSC) as requested for the TEB. He received an assignment to return to flying and signed multiple ADSCs during this timeframe. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the grade of lieutenant colonel. Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and has at least 6 years of service in the Armed Forces on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: DPSIT recommends denial. Records reflect the member never made the attempt to follow through with signing the Statement of Understanding (SOU). He was sent an email on 23 February 2010 requesting him to sign and return the SOU. The email clearly stated the application process and that the SOU through the vMPF needed to be signed and accomplished within 14 calendar days. There has been no injustice to the extent that the service member did not receive adequate counseling as required by law and DoD regulation. The DPSIT complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states during the contested time period, he was stationed at the Defense Intelligence Agency with an email account from that agency. During the summer of 2009, he also had an email account from Luke AFB for a training course he was attending and in the fall he had a third email account from Kunsan AB. Unfortunately, he was locked out of the DIA and Luke AFB email during the time the automated email was sent. To the best of his knowledge he completed all required documentation for the Post-9/11 GI Bill and never received an email. During this time he had ADSCs for the ACP program, in-residence school, F-16 training and T-38 training that obligated him to the same time if not longer. He completed the paperwork to what he understood was the correct procedure and served the time requirement in concurrent ADSCs. The applicant’s complete submission 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. While the Board notes the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant, he was not fully aware of the steps necessary to transfer his benefits to his dependents. The evidence of record indicates that although the applicant applied for TEB in March 2010, he failed to complete the SOU. Based on the fact that the applicant signed the ADSC and served the time requirement clearly establishes his intent to transfer benefits to his dependents. As such, we find the evidence sufficient to conclude that it is in the interest of justice to recommend correction of his records as indicated below. ________________________________________________________________ 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 10 March 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03439 in Executive Session on 9 May 2013, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 July 2012. Exhibit B. Letter, AFPC/DPSIT, dated 14 August 2012, w/atchs. Exhibit C. Letter, SAF/MRBR dated 20 August 2012. Exhibit D. Letter, Applicant, dated 30 August 2012.