RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00045 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He never received any documentation while on active duty. Transfer of Benefits (TEB) became available in Aug 09 and he was on terminal leave effective Oct 09. He does not know how he could be held responsible for the information that should have been provided to him before he retired. He served over 20 honorable years and would like to be able to utilize this earned benefit for his daughter’s education. He has lost out on $80,000 that he earned while serving. The Board should consider it in the interest of justice to consider his untimely application since the entitlement that an airman earns after serving for more than 20 years should be honored. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Jan 10, the applicant was retired in the grade of Master Sergeant (MSgt, E-7) after serving 20 years and 24 days on active duty. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. Per AFI 36-2306, Voluntary Education Program, A9.18.1.4.2, dated 13 Aug 10, for those members who have an approved retirement date after 1 Aug 09 and before 1 Jul 10, no additional service is required. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. The applicant was on terminal leave at the time of the program standup and did not receive proper counseling prior to entering terminal leave status. He did not have the opportunity to process the TEB action while on active duty. Therefore, DPSIT concludes an injustice occurred and recommends the applicant’s TEB be approved effective 1 Oct 09. The complete DPSIT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 14 Feb 14, a copy of the Air Force evaluation was provided to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant’s records be corrected as indicated below. 4. 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 issue involved. Therefore, the request for a hearing is not favorably considered. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 Oct 09, he was approved to transfer his Post 9/11 GI Bill Education Benefits to his dependent. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2014-00045 in Executive Session on 10 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Jan 14. Exhibit B. Letter, AFPC/DPSIT, dated 14 Jan 14. Exhibit C. Letter, SAF/MRBR, dated 14 Feb 14.