RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03316 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he transferred his Post- 9/11 GI Bill educational benefits to his dependents on 10 Jul 2009. ________________________________________________________________ APPLICANT CONTENDS THAT: He completed his Transfer of Education Benefits (TEB) in May 2009 and received confirmation of his eligibility on 10 Jun 2009. He knew TEB required a four year service commitment and wanted to enroll quickly as his current Active Duty Service Commitment (ADSC) was Sep 2013. At the time, there was no indication of any other required steps to complete. Once he completed the TEB application on the website, he sent an e-mail on 10 Jul 2009 to the people in his division so they could enroll as well. He thought he had completed the requirements for TEB to his children. To ensure the benefits continued after his 1 Apr 2014 retirement, he called to check on the status and learned the TEB never occurred. He never received any guidance at the time and only learned recently that he was supposed to complete a Statement of Understanding (SOU). He has a doctorate’s degree and had no intention of using his Post-9/11 GI Bill; instead he intended the benefits be transferred to his dependents. In support of his request, the applicant provides a copy of Department of Veterans Affairs (DVA) letter and e-mail communique. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 30 Sep 1992 and was progressively promoted to the grade of lieutenant colonel (O-5). In an e-mail dated 10 Jul 2009, he advised his co-workers the TEB site was operational and that he had been approved for TEB. According to the Military Personnel Data System (MilPDS), the applicant had an ADSC for training through Sep 2013. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after 1 Aug 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 4 additional years in the Armed Forces from the date of election. * Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or * Is or becomes retirement eligible during the period from 1 Aug 2009 through 1 Aug 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. * For those individuals eligible for retirement on 1 Aug 2009, no additional service is required. * For those individuals who have an approved retirement date after 1 Aug 2009, and before 1 Jul 2010, no additional service is required. * For those individuals eligible for retirement after 1 Aug 2009, and before 1 Aug 2010, 1 year of additional service after approval of transfer is required. * For those individuals eligible for retirement on or after 1 Aug 2010, and before 1 Aug 2011, 2 years of additional service after approval of transfer are required. * For those individuals eligible for retirement on or after 1 Aug 2011, and before 1 Aug 2012, 3 years of additional service after approval of transfer required. He was retired 1 Apr 2014 after serving 21 years, 6 months and 1 day on active duty. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant’s request is not supported with evidence that he was a victim of an error or injustice. There is no information in the Right Now Technology (RNT) indicating he applied for TEB; therefore, it seems the applicant failed to follow through with signing the SOU. If the applicant experienced any problems, he would have been prompted to contact the Total Force Service Center (TFSC). If he signed up on the TEB website, he would have received an e-mail on 29 Jun 2009 requesting he sign his SOU. The e-mail provided instructions on signing the SOU and included a website for the applicant to check the application status. The applicant never attempted to follow-up with the TFSC as directed. If he had done so, he would have received guidance to sign his SOU in the Virtual Military Personnel Flight (vMPF). It is clear the applicant simply failed to check each of the acknowledgements on the Defense Management Data Center (DMDC) website and follow through with signing up for TEB. The complete DPSIT evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 6 Sep 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, this office has not received a response (Exhibit C). ________________________________________________________________ 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 error or injustice. While we note the Air Force office of primary responsibility recommends denial, it appears through no fault of the applicant he was not properly counseled regarding the steps necessary for TEB. We find the email dated 10 Jul 2009 corroborates the applicant’s assertions that he thought he had completed all the necessary steps for TEB. Furthermore, we do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement given that the applicant’s established ADSC at the time was later than that required for TEB. Therefore, we recommend the record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 10 Jul 2009, he signed a Statement of Understanding to start his four year Active Duty Service Commitment for transfer of his Post 9/11 GI Bill Educational Benefits to his dependents. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03316 in Executive Session on 28 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Jul 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 1 Aug 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 6 Sep 2013. 1 2