RECORD OF PROCEEDINGS

IN THE MATTER OF:                                     DOCKET NUMBER: BC-2021-00103

XXXXXXXXXX                                                COUNSEL: NONE

                                                                             HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

He be allowed to transfer his Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents.

APPLICANT’S CONTENTIONS

He applied for TEB via the prescribed method but was unable to complete the application successfully due to an inoperable Virtual Military Personnel Flight (vMPF) Statement of Understanding (SOU) page.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving captain.

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

AIR FORCE EVALUATION

AFPC/DP3SA recommends denying the application.  The Defense Manpower Data Center records show the applicant applied for TEB on 1 May 2019, 2 July 2019, 20 August 2019 and 30 December 2019.  The applications were disapproved on 6 June 2019, 20 August 2019, 11 October 2019 and 5 February 2020, respectively, because he failed to complete and submit the required TEB SOU.  In accordance with (IAW) AFI 36-2649, Voluntary Education Program, A13.20.1.5., members must complete the required SOU within 30 days of the Initial Notification.  There is no record the applicant contacted the Total Force Service Center as instructed in the initial and subsequent notifications when he experienced difficulties completing the SOU via vMPF.  Total Force Service Center (TFSC) personnel received an inquiry on 29 July 2020 from the Military Personnel Section (MPS) regarding applicant’s 30 December 2019 application disapproval.  TFSC personnel relayed the reason for disapproval was a pending Medical Evaluation Board IAW DoDI 1341.13, Post-9/11 GI Bill, Change 1, Enclosure 3, 3.a.(1)(a).  

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice on the part of the Air Force.  The member did not complete and submit the required TEB SOU or contact the TFSC for assistance.  

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 3 March 2021 for comment (Exhibit D).  The applicant responded indicating he attempted to sign the SOU on at least four different occasions, but technical problems prevented SOU signature in May, July, and August 2019. He applied for TEB on 1 May 2019, before the 12 July 2019 deadline and before the MEB began on 17 December 2019.  The MEB is further evidence of his commitment to be retained.  He followed the prescribed method of application through the DMDC MilConnect website.  When the vMPF (accessed through either AF Portal or AFPC Secure, both af.mil domains) SOU became available (which was sometimes a struggle), he proceeded through the process and clicked the signature button, but the “ dbSign” electronic CAC signature function would not operate on the Army network.  The advisory properly stated that he did not contact the TFSC as instructed in notifications which followed MilConnect submissions, and admittedly, had he done that, this may have been resolved sooner.  However, those e-mail notifications were inaccessible, as they were sent to his “E-mail for life” us.af.mil e-mail address, which was frequently and persistently unavailable,

The complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was 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 the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The applicant contends and the Board agrees that the Army network caused his inability to successfully complete the TEB process.  Therefore, in the interest of justice, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 May 2019, he elected and was approved to transfer his Post-9/11 GI Bill Education Benefits to his dependents with a subsequent Obligation End Date (OED) of 30 April 2023.

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-2021-00103 in Executive Session on 6 April 2021 and 9 August 2021:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 October 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SA, w/atchs, dated 25 February 2021.
            Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 March 2021.
Exhibit E:	Applicant’s response, w/atchs, dated 2 April 2021.

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.