RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04961 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents while on active duty. ______________________________________________________________ APPLICANT CONTENDS THAT: He applied for the Post-9/11 GI Bill TEB in 2009. He received notification that he thought indicated his application was approved; therefore, he reenlisted for four years, which gave him the service commitment required to qualify for the transfer of the benefits. However, when he applied for retirement in 2013, he discovered that his Post-9/11 GI Bill TEB application was rejected because he failed to sign the Statement of Understanding (SOU). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s military personnel records, he served in the Regular Air Force during the matter under review. On 10 Aug 10, the applicant reenlisted in the Regular Air Force for XXXX years. On 31 Oct 13, the applicant was released from active duty and retired, effective 1 Nov 13. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. While the applicant contends that he received notification that he thought constituted approval of his Post-9/11 GI Bill TEB application, according to notes in the Right Now Technology (RNT) (AFPC email tracking/notification software), the applicant was sent notifications on three occasions (5 Aug 09, 18 Aug 09, and 13 Oct 09). The initial notification identified the requirement for the member to sign the TEB SOU for approval. The second notification reminded him that he needed to sign the SOU within 60 days of the initial notification or the application would be rejected. The final notification was that his TEB application was rejected because he didn’t complete all requirements. Had the applicant taken the appropriate steps to re-apply, he would have been approved to his high year tenure date. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (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 an injustice. While there is no evidence that an error on the part of the Air Force caused the applicant to be unable to sign the statement of understanding (SOU) the Air Force office of primary responsibility (OPR) indicates it is necessary to consummate the TEB process, we find it reasonable to conclude that it is more likely than not that the applicant did not receive the notifications the Air Force OPR indicates were sent to him in response to his application to transfer his benefits. In this respect, we note that the applicant made his request during the earliest stages of the TEB program and, in view of the fact that despite the best efforts of the Air Force, many were unaware of the steps required to successfully complete the TEB process until several months after the inception of the TEB program. In view of this, and in light of the fact the applicant secured and successfully completed the requisite service commitment subsequent to his request to transfer his benefits, we believe it is in the interest of justice to grant the requested relief. Therefore, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 August 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04961 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 9 Oct 13. Exhibit B.  Applicant’s Military Personnel Records. Exhibit C.  Letter, AFPC/DPSIT, dated 18 Nov 13, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 14. 1 2