RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02517 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 in Nov 2009. ________________________________________________________________ APPLICANT CONTENDS THAT: He registered for the Post 9/11 GI Bill and Transfer of Education Benefits (TEB) in Nov 2009 but unfortunately, was not aware he was required to sign a Statement of Understanding (SOU) concurring with the 4 year Active Duty Service Commitment (ADSC) required for TEB. He does not recall receiving any notice that something was missing from his application until he received the e-mail notification on 7 Nov 2012. He would have signed the SOU immediately if he had known it was required for enrollment. Until late last year, he believed he was enrolled. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is serving on active duty in the grade of lieutenant colonel (O-5). 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. ________________________________________________________________ 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 evidence that he made an attempt to sign the SOU and without the signed SOU, the Total Force Service Center (TFSC) would not have known that the applicant concurred with incurring the 4 year ADSC required for TEB. The applicant submitted his application for TEB through the Defense Management Data Center (DMDC) website on 23 Nov 2009 and an e-mail was sent to the applicant’s address listed in the virtual Military Personnel Flight (vMPF) on 25 Nov 2009 requesting he sign the SOU. The applicant states that he does not recall receiving any notice that something was missing from his application until the e-mail notification on 7 Nov 2012. The applicant was provided an opportunity to contact the TFSC as stated in the Submit Transfer Request but did not follow-up. If the applicant contacted the TFSC, he would have received guidance to go back to the vMPF and sign his SOU. As of this date, the applicant has not reapplied for TEB. A complete copy of the DPSIT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: If he had known he was not approved for TEB, he would have taken action to correct it. He had every intention of enrolling in the program in Nov 2009 and thought he was enrolled until notified otherwise in Nov 2012. DPSIT states that an e-mail was sent to him on 25 Nov 2009, the Wednesday before Thanksgiving, telling him to sign the SOU. He does not recall reading this e-mail message and may have inadvertently deleted it with other e-mails when he returned from the Thanksgiving holiday. He may have deleted it without reading it because he didn’t realize there were any other steps required to complete the TEB or he may not have received the e-mail at all. DPSIT states that without signing the SOU there is no way that the TFSC would have known if he agreed with incurring the 4 year ADSC for TEB. In Nov 2009, he had 14 years and 11 months time- in-service and as a lieutenant colonel select, he fully expected to serve at least the five plus years required for a 20 year retirement so there was no reason he would not have signed up for the 4 year ADSC. Until he was notified last year that there was an outstanding item requiring his attention to complete the TEB, he believed he was already enrolled. Whether through error on his own part or because he didn’t receive the e-mail instructions, he was unaware of any further actions required for TEB. At the time, there was no question or hesitation on his part to accept the 4 year ADSC and he is hoping for a reasonable determination that had he been aware, he would have signed the SOU completing the TEB. The applicant’s complete responsible is at Exhibit D. ________________________________________________________________ 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 steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not properly counseled regarding the steps necessary to transfer his benefits to his dependents. We do not find it reasonable that he would have knowingly elected not to pursue use of this important entitlement. As such, in the interest of justice we find the evidence is sufficient to recommend approval of his request. 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 23 Nov 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-2013-02517 in Executive Session on 12 Mar 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02517 was considered: Exhibit A. DD Form 149, dated 21 May 2013 Exhibit B. Letter, AFPC/DPSIT, dated 6 Jun 2013, w/atch. Exhibit C. Letter, SAF/MRBR, dated 5 Jul 2013. Exhibit D. Letter, Applicant, undated. Panel Chair