RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-03368

						COUNSEL:  YES

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) date for Post-9/11 GI Bill Transfer of Educational Benefits (TEB) be adjusted to 26 Feb 19.

APPLICANT CONTENDS THAT:

His initial TEB was completed in Feb 15.  He did not receive an email to return to the virtual Military Personnel Flight (vMPF) to sign the Statement of Understanding (SOU).  The email was sent to an address which he could not access.  He had a new assignment in 2012 and used a different email address.  When he attempted to transfer benefits from his spouse to a new dependent child, he saw the SOU and signed it on 6 Jul 16.  The record now lists his ADSC as 20 Jul 20.  He should not have incurred more time when he transferred his benefits from his spouse to his child.

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

STATEMENT OF FACTS:

On 6 Jun 08, the applicant initially entered the Regular Air Force.

On 27 Feb 15, according to the Defense Manpower Data Center (DMDC) application, applicant applied for TEB via MilConnect.  The application expired because he did not sign the SOU within the 30-day application period.

On 21 Jul 16, according to the DMDC application, applicant applied for TEB.  The application was disapproved on 22 Aug 16 due to an incorrect ADSC date on his SOU.

On 15 Aug 16, the applicant was advised via email that he required a new SOU to obtain approval of his 21 Jul 16 application.

The applicant is currently serving on active duty in the Regular Air Force.

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 error or injustice.

In accordance with (IAW) AFI 36-2649, Voluntary Education Program, Attachment 13, A13.20.1.2, members must verify all email addresses through the vMPF.  DMDC records show the member first applied for TEB via MilConnect on 27 Feb 15.  The application expired because he did not sign the SOU within the 30 day application period.  The member subsequently applied on 21 Jul 16; however, he signed the SOU prior to the application date on 6 Jul 16 and was disapproved on 22 Aug 16 because his SOU had the incorrect ADSC date.  The member was advised via email on 15 Aug 16 he required a new SOU in order to obtain approval of his 21 Jul 16 application.  IAW AFI 36-2649, Attachment 13, A13.20.1.5, members must complete a SOU.

The member received a message on the MilConnect website when he applied for TEB which reads:

“IMPORTANT NOTICE:  YOUR TRANFER REQUEST IS NOT FINAL UNTIL YOU DIGITALLY SIGN AF FORM 4406 IN VIRTUAL MPF (UNLESS YOU HAVE COMPLETED 20 YEARS OF ACTIVE FEDERAL SERVICE OR 20 QUALIFYING YEARS UNDER TITLE 10 OF THE UNITED STATES CODE ON OR BEFORE 1 AUG 09).  Within 72 duty hours, you will receive an Air Force Personnel Center (AFPC) email with ‘TEB INCIDENT’ in the subject line, stating 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! “

Member did not sign the required TEB SOU and does not provide sufficient evidence of an error or injustice on the part of the Air Force.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated his position that he was not in receipt of emails notifying him of the requirement to sign an SOU.  His email address in vMPF is not correct and he was not able to receive emails sent to this address while he was stationed on an Army base.

The applicant provided screenshots of the vMPF and myPers systems displaying his email address.  He stated he did receive email notification from myPers but not for the SOU.  Finally, he provided a screenshot of his email address listed in Microsoft Outlook global address book to support his contention the Air Force used the incorrect email address to notify him of the SOU requirement.

The SOU requirement was only brought to his attention when he attempted to transfer benefits from his spouse to his child.  It would be unfair to punish him based on a technicality because the SOU was not delivered to the correct account for signature to confirm transfer.

A complete copy of the Applicant’s Rebuttal is at Exhibit F.

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 an 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 (OPR) 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 requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2016-03368 in Executive Session on 28 Nov 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03368 was considered:

	Exhibit A.  DD Form 149, dated 17 Aug 16, w/atch.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 18 Nov 16,
w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17, w/atch.
	Exhibit E.  Letter, AFBCMR, dated 14 Sep 17, w/atch.
	Exhibit F.  Letter, Applicant Rebuttal, dated 5 Oct 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-03368, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.