RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04465

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His transfer of educational benefits (TEB) be approved and his service commitment date be changed from 11 Jul 23 to 23 May 21.

APPLICANT’S CONTENTIONS

He never received the emails from the Total Force Service Center (TFSC) requesting a Statement of Understanding (SOU) because he was deployed.  According to the TFSC records, they attempted to send him an email on 28 May, and again on 20 Oct 18, requesting the SOU; however, he has no record of these emails.  It appears there were reasons that he may not have received these emails, one reason was due to an email server migration and another was due to limited connectivity at a non-US installation.  

On 24 May 17, he applied to transfer his educational benefits to his wife, and on 3 Aug 18, he applied to transfer his benefits to his son.  ARPC extended the 30-day approval window by 6-months due to a backlog in their system.  However, despite the extension, the initial request was not closed out until 15 Aug 18; 15 months after he requested his TEB to his dependents.  No denial message was sent; instead, the system reflected “Submitted” as the status.  Had ARPC completed the process within the 30 days as required by the governing instructions, the status of his TEB would have been reflected as “Denial.”  This issue would have been caught prior to his 16-year time in service date.  As a result, he incurred a service commitment nearly 3-months beyond his required 20 years of service.  By providing the SOU, he believed the TEB was successful.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve (AFR) lieutenant colonel (0-5).

On 5 Aug 19, the applicant signed his SOU that reflects his Reserve Component service commitment date as 11 Jul 23.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

DODI 1341.13, Enclosure 3, Transferability of Unused Education Benefits to Family Members, members must be eligible to be retained for 4 years from the date of election and not be precluded, prior to approval, by either standard policy or statute.   The service member will be considered to have completed the approved TEB related service agreement if discharged or released with an honorable discharge for a physical or mental condition not the result of misconduct that interfered with the performance of duty.   

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application indicating that there is no evidence of an error or injustice.  The applicant originally submitted a request for TEB on 24 May 17.  On 28 Jun 17, the applicant was notified of his dependent’s eligibility and was sent a request to complete and return the SOU. 

AFI 36-2649, Voluntary Education Program, A13.21.9.6. states “a 30 day suspense was set for the member to complete and return their completed SOU to avoid denial of their request.”  The applicant was notified of this requirement via myPers, which was posted to his myPers account as well as sent to both of his military and personal email accounts that were on file for them at that time.  On 20 Oct 17, the applicant was sent a reminder of the pending requirements via myPers.  Because the applicant had remained unresponsive, he failed to successfully complete all necessary actions required for TEB approval.  The applicant’s request for TEB was denied in accordance with the governing instructions.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 31 Jan 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04465 in Executive Session on 2 Jul 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 3 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 31 Jan 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.