RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02381 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependent. APPLICANT CONTENDS THAT: In Aug 09 he transferred his full GI Bill credit of 36 months to his son. His wife, who was also active duty at the time, transferred her full GI Bill benefits to his daughter. While they both submitted their applications the same week, he was recently reviewing his Mil Connect account and noticed his son has not been credited with the TEB. He inquired about the error and found out that his original TEB was rejected. In this regard, he deployed to Afghanistan in Sep 09, shortly after making the transfer and never received notification that it was denied or why it was denied. Therefore, his TEB should have been processed just like his wife’s, whose benefits transferred to his daughter successfully. He requested the TEB transfer to his son and had the time in service to accept, but for no reported reason it was rejected and this error should be corrected. In support of his appeal, the applicant states that the program to transfer his Post-9/11 GI Bill benefits shows that he applied and completed the required time in service to accept. Whatever the reason was for rejection: his deployments to Afghanistan, poor communication, lack of email/mail traffic, etc. are not viable reasons not to grant his TEB request. The applicant attached documents from a previous DD Form 149 that was previously submitted by his wife on his behalf; however, it was administratively closed because he did not personally submit. Additionally, one of the documents contained in the prior submission is an AFPC/DPSIT advisory, dated 14 Nov 12, which recommended approval of the application. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: During the events under review, the applicant was serving in the Regular Air Force in the grade of Lieutenant Colonel (O-5). On 14 Aug 09, a print-out from the Defense Manpower Data Center (DMDC) provided by the applicant indicates that he submitted a request to transfer his TEB to his dependent. The applicant provided, a Post-9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU), which he signed on 17 Aug 09. According to his DD FM 214, Certificate of Release from Active Duty, the applicant retired from the Regular Air Force effective 31 Mar 12, having served 20 years and 18 days of active service. The narrative reason for his separation was “Voluntary Retirement: Sufficient Service for Retirement.” The applicant’s Total Active Federal Military Service Date (TAFMSD) is 13 Mar 92. In accordance with AFI 36-2306, Para A9.18.1.4.5. “For those members eligible for retirement after 1 Aug 11, and on or before 1 Aug 12, three years of additional service from the date of request is required.” Based on his TAFMSD his retirement date, and the date he initially submitted the application, the applicant would have needed to serve a period of four additional months to meet the active duty service commitment (ADSC) obligation required for TEB. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. On the MilConnect website, members are presented with a message during the application process. The message states in part: "Within 72 hours you will receive an Air Force Personnel Center (AFPC) email with "TEB INCIDENT" in the subject line, stating that your AF Form 4406 is ready for signature. If you DO NOT receive this email, call the Total Force Service Center (TFSC) at 1-800-525-0102 ASAP!" There is no record the member attempted to contact the TFSC regarding the status of his TEB application until the date he submitted his DD Form 149 (27 Aug 13). Furthermore, if the applicant had completed all requirements for TEB approval effective 1 Aug 09, he would have incurred a 3-year ADSC from that date (to 31 Jul 12). Because he retired on 31 Mar 12, there is no way the member could have fulfilled the 3-year ADSC required by AFI 36-2306, Attachment 9, A9.18.1.4.5, and therefore he is ineligible for the TEB program, having failed to fulfill the required service obligation. 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 10 Oct 14 for review and comment within 30 days (Exhibit D). The applicant states, that the original application submitted by his wife on his behalf is identical to this submission, except it has his signature rather than his wife’s and the same office that recommended approval two years earlier has now recommended to “deny request.” In this regard, the applicant attached the original HQ AFPC/DPSIT approval letter dated 14 Nov 12; his copy of the TEB print out, dated 14 Aug 09, which he submitted the same day his wife submitted her application; and a copy of the SOU, signed on 17 Aug 09, the same day his wife signed her TEB form. Additionally, he was never contacted that his original TEB application had been rejected and not processed. His wife also never received any e-mails or phone calls that her application had been successfully processed so they assumed that the process was completed for both applications. In reference to the 3-year ADSC, he visited the Nellis AFB personnel office in 2011 and asked when he was eligible for retirement and was given the date of 1 Apr 12, so he assumed this included all ADSC’s including the time for the TEB transfer. He now understands that he didn’t accomplish the necessary time required, but he would have gladly completed the additional four months necessary to complete the TEB requirements. Furthermore, per AFI 36-2306, Attachment A9.18.l.4.l-4, there were other caveats to this program that required individuals to incur anywhere from zero to two years additional ADSC commitments for the TEB program benefits. Denying his request based on the sole point of not completing the 3-year ADSC commitment is not the entire picture since other individuals received the same benefit without a 3-year ADSC. The original HQ AFPC/DPSIT letter recommended approval of his application stating that the "initial period of the TEB program standup was not 100% reliable." He submitted all of the TEB paperwork requested in a timely manner; however for some reason his wife's identical TEB application was successfully processed and his was not. He does not feel that 4 months should deny his son his college education benefits after his 20-year career due to a paperwork error that was completely out of his control. The applicant’s complete response, with attachments, is at Exhibit E. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was timely filed. 3. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 4.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action regarding the applicant's TEB. We note the comments of the Air Force office of primary responsibility; nonetheless, based on the evidence of record and that provided by the applicant, we find it reasonable that had the applicant been properly briefed on the extension requirements for his entitlement to the benefits of the TEB, he would have requested the four-month extension needed. Since Air Force members similarly situated to the applicant were provided the opportunity to extend their service solely to qualify to transfer their benefits, we find the evidence provided sufficient and believe it is in the interest of justice to grant the requested relief.  Furthermore, in response to the Air Force evaluation the applicant provided a print-out from the DMDC website, dated 14 Aug 09, and a signed copy of his SOU, dated 17 Aug 09, validating that he transferred 36 months of benefits to his dependent. In view of this and noting that an application that was previously submitted by the applicant’s wife on his behalf indicated that AFPC/DPSIT had previously recommended approval, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicant's record be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a.  Effective 1 Aug 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to a dependent. b.  On 31 Mar 12, he was not relieved from active duty, but was continued until 31 Jul 12. c.  On 31 Jul 12, he was relieved from active duty and on 1 August 2012 he retired from the United States Air Force. The following members of the Board considered AFBCMR Docket Number BC-2014-02381 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603: The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT dated 17 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14. Exhibit E. Applicant’s Rebuttal, dated 29 Oct 14, w/atchs.