RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04486

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be corrected to show that on 28 Dec 11 he elected to transfer his Post-9/11 GI Bill benefits to his children and have his Active Duty Service Commitment (ADSC) changed to 27 Dec 15, the date originally generated by this transfer.  

APPLICANT CONTENDS THAT:

On 28 Dec 11, he made the decision to transfer his Post-9/11 GI Bill benefits to his children and process the request online.  In Jan 14, he received a notice in Virtual-Military Personnel Flight (V-MPF) requiring his signature, signed the document, and acknowledged his ADSC of 27 Dec 15.  When reviewing his record in Jan 15, his ADSC erroneously reflected 20 Jan 18 and believes the error occurred when asked to re-sign the transfer form.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Oct 90.  

For the first time in history, service members enrolled in the Post-9/11 GI Bill Program are able to transfer unused educational benefits to their dependent spouses or children.  Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, has at least six years of service in the Armed Force on the date of election, and agrees to serve 4 additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 GI Bill educational benefits to their dependents (Title 38 USC, Chapter 33, § 3319(b)(1)).  Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.

On 1 Dec 16, the applicant retired and was credited with 24 years and 16 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/DP3SA recommends denial indicating there is no evidence of an error or an injustice.  The applicant states he originally signed his AF Form 4406, Post-9/11 GI Bill Transfer of Educational Benefits (TEB) Statement of Understanding (SOU), on 28 Dec 11.  Defense Manpower Data Center (DMDC) records show he applied for TEB via MilConnect on 27 Dec 11; however, the application was rejected on 12 Jan 12 because he failed to sign the required AF Form 4406.  The only SOU on file is dated 21 Jan 14, signed over two years after his application date.  Although he signed a SOU, it was not signed during the 14 day application period rendering it invalid.  An audit email was sent by an Air Force Personnel Center (AFPC) Education Services Advisor on 13 May 13.  The email notified the applicant of his previously rejected application and actions to take for approval.  There is no record the member contacted AFPC as instructed regarding the status of his TEB application.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that he signed and submitted the TEB SOU on 27 Dec 11 with full faith and confidence it would preserve his educational entitlements.  AFPC records review confirms the submission was not properly recorded and they should take ownership of systems failures that occurred in the processing of his TEB SOU. 

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DP3SA indicating that relief should be denied because the applicant does not provide sufficient evidence of an error or injustice on the part of the Air Force, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the Defense Manpower Data Center records reflect the applicant applied to transfer his education benefits via MilConnect on 27 Dec 11.  Further, the applicant provided evidence in rebuttal showing the OPR was unable to provide the historical records for the applicant’s transfer of education benefits for the complete time in question.  As such, there is no evidence in the record showing an unsigned SOU in December 2011 and no record of notification to the applicant of a rejected application in January 2012.  To that end, the Board was persuaded by the applicant’s rebuttal and found that it is highly unlikely he would not have either (1) taken the step to effectuate the transfer of the benefits by signing the SOU at the time he submitted his request for TEB in December 2011 or (2) corrected an error in January 2012 had he been properly notified in a timely manner.  Therefore, we recommend the applicant’s records be corrected 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 27 December 2011, he signed the Statement of Understanding to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents generating an obligation end/active duty service commitment date of 26 December 2015. 

The following members of the Board considered AFBCMR Docket Number BC-2015-04486 in Executive Session on 15 Feb 17 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 16 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 21 Mar 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 Apr 16.
	Exhibit E.  Applicant’s Rebuttal, dated 26 Apr 16, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in AFBCMR Docket Number BC-2015-04486.