RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04376 

   						COUNSEL:  NONE 

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The effective date of his Post-9/11 GI Bill Transferability of Educational Benefits (TEB) be changed to 25 Sep 09, and his associated TEB-related active duty service commitment (ADSC) be changed to 24 Sep 12. 

APPLICANT CONTENDS THAT:

He originally completed his TEB application on line on 25 Sep 09 using the Department of Veterans Affairs (DVA) website when he was stationed in Germany with U.S. Africa Command.  The system notified him he had completed the process and his request was accepted.  He did not receive any notification to sign a Statement of Understanding (SOU).  The U.S. Africa Command is not serviced by an Air Force Education Officer or an Air Force e-mail server.  Then on 10 May 16, he noticed the TEB was not reflected in the system.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 01 Dec 93.

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.  Defense Manpower Data Center (DMDC) records show the member applied for TEB via MilConnect on 25 Sep 09.  The application expired because he did not sign the SOU within the 14 day application period.  In accordance with AFI 36-2306, Voluntary Education Program, AFGM1, paragraph 20.a.(1)(d), members must complete a Statement of Understanding (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!”

The applicant applied for TEB again on 8 Jun 16, was approved, and incurred a 4 year ADSC through 7 Jun 20 for TEB approval. 

Recommend denial.  The applicant does not provide sufficient evidence of an error or injustice on the part of the Air Force.  He did not sign the required TEB SOU.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his original request, the applicant submitted a rebuttal to the AFPC/DP3SA advisory taking exception to the advisory.  He argues that where the advisory states he didn’t sign the AF Form 4406, he contends he did not receive any notification to sign an SOU or any other notice after completing his application.  In addition, he argues the MilConnect website notice requiring a TEB applicant to obtain the required retainability clearly states “(ENLISTED ONLY).”  Thus, he would not have expected an SOU notice.  Finally, he contends, based on his experience as an Air Force personnel officer, a lack of documentation seldom waived or dismissed a member’s obligation once they obligated official funds, travel, etc. and/or incurred an ADSC.  This should be a two-way street.  Since he served over 8 years since his original TEB application in 2009, he served his ADSC for TEB.  (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 they believe relief should be denied because the applicant’s did not sign a SOU at the time he applied for TEB, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note DMDC confirmed the applicant applied for TEB on 25 Sep 09 when the program was in its infancy, at a point in time when much confusion surrounded the proper processes and procedures for qualification.  Therefore, through no fault of his own, he was not aware of the requirement to sign the SOU, and should not be denied benefits due to this error.  Further, the applicant served an additional eight additional years after the date of his application, and continued to serve at the point of his application to the AFBCMR.  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 on 25 September 2009, 
he transferred his Post-9/11 GI Bill educational benefits to his dependents. 

The following members of the Board considered AFBCMR Docket Number BC-2016-04376 in Executive Session on 17 Nov 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 pertaining to AFBCMR Docket Number BC-2016-04376 was considered:

	Exhibit A.  DD Form 149, dated 25 Oct 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 26 Jun 17.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 17.
	Exhibit E.  Letter, Applicant, dated 20 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, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.