RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04049 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) be based on the 2011 AF Form 4406, Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding (SOU) rather than the AF Form 4406 he signed on 22 August 2014. In an undated letter, the applicant amended his application to request that his ADSC be based off his July 2012 SOU vice the July 2011 submission. APPLICANT CONTENDS THAT: He submitted a Transfer of Education Benefit (TEB) request in July 2011 which was denied because he did not have the required retainability. He was never notified that he was required to extend. However, he re-enlisted on 9 April 2012 for 5 years and 7 months with an Expiration Term of Service (ETS) of 8 November 2017. In July 2012 he resubmitted a request to TEB and signed an SOU on 9 July 2012. From the date of the signed SOU, he had over 5 years of service commitment remaining on his enlistment. The TEB request he submitted in July 2012 was not approved despite meeting all requirements for eligibility and he no explanation as to why the 2012 application was disapproved was provided. He was not aware that his original request had not been processed until he attempted to transfer benefits to his dependents. Subsequently, he reapplied in August 2014; and incurred an ADSC of four years. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of master sergeant (E-7). His Total Federal Active Military Service Date is 16 July 1996. According to the Defense Manpower Data Center (DMDC) TEB Service Member History printout, the applicant applied to transfer his education benefits on 22 July 2011. His application was disapproved because he did not sign an SOU. According to DD Form 4, Enlistment/Reenlistment Documents - Armed Forces of the United States, dated 9 April 2012, the applicant reenlisted for 4 years and 19 months [5 years and 7 months]. According to the Post 9/11 G.I. Bill TEB SOU, dated 9 July 2012, the applicant agreed to incur a service obligation of 4 years and that an ADSC will be updated in his records effective from the date of application in the DMDC. According to the Post 9/11 G.I. Bill TEB SOU, dated 22 August 2014, the applicant agreed to incur a service obligation of 4 years and that an ADSC will be updated in his records effective from the date of application in the DMDC. According to AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force Air Force Reserve/Air National Guard, dated 18 August 2014, the applicant requested that his current enlistment entered on 9 April 2012 for a period of 4 years and 19 months [5 years and 7 months] be extended for a period of nine months for the purpose of TEB. Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following: Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence the applicant obtained the required retainability. He states that he never received an email asking him to submit an SOU, which he signed one year later. However, according to the banner page on the virtual Military Personnel Flight (vMPF), the applicant had to verify his email and phone number prior to continuing to sign the SOU and obtain the required retainability. On 16 July 2013, the applicant was sent an “Audit of Records” notice indicating he applied for TEB on 22 July 2011; however, he never signed the SOU or obtained the necessary retainability. Without a signed SOU, Total Force Service Center personnel cannot determine if the applicant accepts the 4-year ADSC; therefore, eligibility for the program cannot be established. A complete copy of the DPSIT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He submitted his TEB request in July 2011, and was notified via vMPF that he could not sign the SOU because he did not have the required retainability. On 9 April 2012, he reenlisted through 8 November 2017, re-submitted his TEB in July 2012 and signed an SOU on 9 July 2012. He had over five years remaining on his enlistment and despite meeting all the requirements to TEB, questions why he was never notified that the TEB he submitted in July 2012 was not approved. He did not have an opportunity to address issues which caused his application to be rejected. He first became aware that there was an issue with his July 2012 TEB application after his daughter attempted to use the benefit in 2013. While addressing this issue he received an “Audit of Records” notice stating that he did not sign the SOU or have the required retainability. He was not clear why the 2011 SOU was being addressed when he signed an SOU in 2012. He was directed to reapply for TEB in 2013 and to submit an application to the Board to backdate his ADSC to July 2012. In further support of his appeal, the applicant provides copies of his SOU and reenlistment documents. His 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the office of primary responsibility recommends denial stating there is no evidence the applicant obtained the required retainability to TEB. However, we disagree. In this respect, we note the applicant applied to TEB on 22 July 2011; however, his application was disapproved because he did not sign an SOU. Subsequently, in April 2012, the applicant reenlisted for 5 years and 7 months and signed an SOU in July 2012 stating he agreed to serve an additional four years to qualify for the TEB. Although the applicant has not provided evidence that he submitted another TEB application in July 2012 as he alleges, based on the circumstances in this case, we do not find it reasonable that he would have signed an SOU and then knowingly elected not to take the necessary actions in order to qualify for this entitlement. In view of the foregoing, we find it is more likely than not the applicant submitted an application with the SOU in July 2012 and thought he had completed the necessary steps to TEB. Accordingly, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: On 9 July 2012, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents and incurred an Active Duty Service Commitment Date of 8 July 2016. His AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force Air Force Reserve/Air National Guard, dated 18 August 2014, be declared void and removed from his records. His AF Form 4406, Post 9/11 GI Bill Transfer of Educational Benefits Statement of Understanding, he signed on 22 August 2014, be declared void and removed from his records. The following members of the Board considered AFBCMR Docket Number BC-2014-04049 in Executive Session on 14 July 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 September 2014. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 30 October 2014, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 12 January 2015. Exhibit E. Letter, Applicant, undated, w/atchs.