RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03062 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to have his Post 9/11 GI Bill Transfer of Educational Benefits (TEB) backdated to reflect his original application date of 13 March 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: His Active Duty Service Commitment (ADSC) should start in March 2011 rather than June 2013. He was on a temporary duty (TDY) to Nellis AFB attending the USAF Weapons School from 27 December 2010 to 15 June 2011. He submitted an application for the TEB on 13 March 2011 at which point he thought the application process was complete. He never received the confirmation email with instructions on how to finalize the application and sign the SOU because it was automatically sent via the application system to his home station email account which at that point was closed due to inactivity. He thought the process was complete until an audit generated notification was sent to him two years later in May 2013. In support of the applicant’s appeal, he submits a copy of his travel voucher. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the grade of captain. The applicant’s application for TEB was rejected in 2011; however, he reapplied in June 2013 and his application was approved in which he incurred an ADSC date of 19 June 2017. Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. DPSIT states the applicant was sent his initial email on 4 April 2011 requesting signature on the SOU. He had the opportunity to contact the Total Force Service Center (TFSC) as stated in the Submit Transfer Request, which states if you experience any problems contact the AFPC Service Center at Toll Free: 1-800-525-0102. Had he done so - he would have received the guidance to go back to the vMPF and sign his SOU. The applicant submitted an application for the Post 9/11 GI Bill through the MilConnect website on 13 March 2011 and an email was sent to the applicant’s email address that was listed in the vMPF. In the email from the TFSC it states that you are to click on the vMPF and validate your contact information by clicking on “I have verified my email and phone,” this is the very first step in the process of applying for the TEB. A member has to verify this information before proceeding any further. The applicant’s application is not supported with evidence that he was a victim of an error or injustice. Following the notes in Right Now Technology (RNT) it seems the applicant never made the attempt to follow through with signing the SOU. Without the signing of an SOU there is no way the TFSC has any idea the applicant wants the obligated four year ADSC that goes along with the transfer of the benefit. As of the date of this AFBCMR, the applicant has re-applied for the TEB and has been approved. The DPSIT complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 August 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ 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. The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that 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 relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an 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-2013-03062 in Executive Session on 17 April 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03062 was considered: Exhibit A. DD Form 149, dated 19 June 2013, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 15 July 2013, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 5 August 2013. 1 2