RECORD OF PROCEEDINGS
	AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

 IN THE MATTER OF:					DOCKET NUMBER: BC-2013-00146
	 						COUNSEL:  NONE
	 						HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents.

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APPLICANT CONTENDS THAT:

In Jul 2009, he initiated TEB but was not provided any guidance on how to proceed with finalizing his TEB application.  It was not until Oct-Nov 2012 when it
 was discovered that the information was sent to an e-mail account he did not have access to since he was not assigned to an Air Force Base.  

In support of his request, the applicant provides a personal statement, copies of the Post-9/11 GI Bill TEB statement of understanding memorandum and AF 
Form 899, Request and Authorization for Permanent Change of Station (PCS) Orders.  

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

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STATEMENT OF FACTS:

The applicant is an active duty master sergeant (E-7) with an approved retirement effective date of 1 March 2014.  

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 Bill, 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 are 
eligible to transfer their unused Post-9/11 benefits to their spouse or dependent children.  

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THE AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states that there is no documentation or evidence to support that the applicant initiated action to obtain the 4 year 
retainability required for the TEB active duty service commitment (ADSC).  The applicant was sent an e-mail on 31 Jul 2009, on 18 Aug 2009, and again on 
4 Feb 2010 advising him that he would incur an ADSC and was instructed to contact the military personnel office to complete the required documents.  The 
applicant was advised that failure to submit the required documentation would result in disapproval of the TEB.  On 3 Oct 2012, the applicant inquired as to
 why he was not eligible for TEB and was advised that his TEB application was rejected due to failure to sign the statement of understanding and obtain the 
required retainability for the ADSC.  DPSIT finds no evidence of an error or injustice.

A complete copy of the DPSIT evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 Jan 2013 for review and comment within 30 days.  As of this date, no response has 
been received by this office (Exhibit C). 

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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.  The Board majority notes that the Air Force office of
 primary responsibility recommends denial and states that several emails were sent to his email-for-life account to inform the applicant of the ADSC 
requirements.  However, it appears that through no fault of his own, he did not have access to this account as he was taken off the Global Access Listing 
when he was assigned to an Army installation.  Therefore, in an effort to remove any possibility of an injustice to the applicant, the Board majority 
recommends that his record be corrected as indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 3 Feb 2010, he elected to transfer his 
Post 9/11 GI Bill Educational Benefits to his dependents.

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The following members of the Board considered AFBCMR Docket Number BC-2013-00146 in Executive Session on 4 Nov 2013, under the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

By a majority vote, the Board voted to approve the request.     {   } voted to deny the request and elected not to submit a Minority Report.  The following 
documentary evidence was considered in AFBCMR Docket Number BC-2013-00146:

     Exhibit A.  DD Form 149, dated 14 Dec 2012, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIT, dated 22 Jan 2013.
     Exhibit C.  Letter, SAF/MRBR, dated 25 Jan 2013. 
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