RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03064 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Post-9/11 GI Bill educational benefits be transferred to his dependents effective January 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: He accomplished all of the requirements to be eligible to transfer his Post-9/11 GI Bill to his daughter. In 2011, he signed the Statement of Understanding (SOU) twice. He was then granted the transfer. The military personnel flight accomplished AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force (REGAF) Air Force Reserve (AF RESERVE) Air National Guard (ANG), which was approved by the Air Force and his commander. He completed the active duty service commitment but the code was never applied to his records. He was deployed and on temporary duty a lot between 2011 and 2013 and assumed the transfer was a done deal. He was unaware his electronic signature was never received for the SOU. In support of the appeal, the applicant submits AF Form 1411, and MilConnect correspondence. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a member of the Air Force serving in the grade of master sergeant. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. The applicant submitted the application to transfer the Post-9/11 GI Bill on 18 January 2011. He was sent an email to the email address listed on the vMPF. He contends he obtained the required retainability on 21 January 2011; however, without the SOU, there is no way to determine if he agreed to the ADSC. On 8 February 2011, he contacted the TFSC and an SOU was forwarded to him for signature and return. The SOU was never received. Any member of the Armed Forces who, on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, has at least 6 years of service on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable) may transfer unused Post-9/11 benefits to their dependents. The transfer must be initiated while the member is serving in the Armed Forces, which is limited to those on active duty or in the Selected Reserves. To apply for TEB, members must log onto the Virtual Military Personnel Flight (vMPF). Prior to entering the vMPF home page, a catch-page appears and shows the members listed personal and professional email addresses, as well as their duty an commercial phone numbers. The member must click the “I have verified my email and phone” prior to proceeding. Right Now Technology (RNT) reads these email addresses when any email is sent from the Total Force Service Center (TFSC)_ and that is where emails are delivered. When a member logs into MilConnect they are notified that their transfer request is not final until the AF Form 4406 is digitally signed. They are also instructed that they will receive an email with the TEB incident number within 72 hours. If they do not receive that email, they should contact the TFSC ASAP. The SOU is a contract and is not binding until signed. Additionally, no active duty service commitment can be applied to a member without them acknowledging the SOU. The applicant was sent an email on 19 January 2011 requesting his signature on the SOU. He states that he never received this email. He also contends that he was deployed and TDY and he thought the TEB was a done deal. He had the opportunity to contact the TFSC as stated in the submitted transfer request. Had he done so, he would have received guidance to go back to the vMPF and sign his SOU. The applicant has not submitted evidence that he was the victim of an error or injustice. Following the notes in RNT, it appears he never made an attempt to follow through with the SOU. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 August 2013, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ 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. After careful consideration of the applicant’s request and the available evidence of record, we are not persuaded corrective action is warranted. While the applicant contends he signed the SOU twice, he has not submitted evidence to substantiate his contention. Therefore, we agree with the opinion and recommendation of the Air Force offices 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. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-03064 in Executive Session on 12 March 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03064 was considered: Exhibit A. DD Form 149, dated 20 Jun 13, w/atchs. Exhibit B. Letter, AFPC/DPSIT, dated 15 Jul 13. Exhibit C. Letter, SAF/MRBR, dated 5 Aug 13. 1 2