RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02805

	(DECEASED) 	COUNSEL:  NONE

	(APPLICANT)	HEARING DESIRED:  NOT INDICATED 


________________________________________________________________

APPLICANT REQUESTS THAT:

The deceased former service member’s records be corrected to 
reflect he transferred his Post-9/11 GI Bill educational 
benefits to his dependents.

________________________________________________________________

APPLICANT CONTENDS THAT:

Her spouse met the minimum 90 day requirement to apply to 
transfer his Post-9/11 education benefits to his dependents.

Unfortunately, he passed away unexpectedly in a car accident 
before he could apply for the transfer of education benefits 
(TEB).

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 2 Apr 87, the deceased former service member commenced his 
enlistment with the Air National Guard.

In order for service members to be eligible for 100 percent of 
the benefit, they must have served an aggregate of 36 months of 
active duty service, or have been discharged for a service-
connected disability after 30 days of continuous service, after 
10 Sep 01.  Service members who served at least 90 days of 
aggregate service are eligible for benefits.  The benefits will 
range from 40 to 90 percent for service members who serve fewer 
than 36 months.

On 2 Dec 11, the deceased former service member passed away.   
At the time of his passing he was eligible for benefits under 
the Post 9/11 GI Bill and had he elected to transfer his 
education benefits, he would not have incurred any additional 
service requirement.

The Marine Gunnery Sergeant John David Fry scholarship is an 
amendment to the Post-9/11 GI Bill that makes education benefits 
available to the children of service members who died in the 
line of duty (LOD) after 10 Sep 01.  The scholarship went into 
effect 1 Aug 09, the same day as the Post-9/11 GI Bill, and each 
dependent can receive up to 36 months of benefits. 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit B.    

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or an injustice.  There are no provisions under the 
laws that govern the transfer of education benefits for service 
members who passed away before applying for the transfer of 
education benefits.  However, the service member’s dependents 
may qualify for the Marine Gunnery Sergeant John David Fry 
scholarship and, if approved, each dependent would receive 36 
months of benefits.

Service members of the Armed Forces who, on or after 1 Aug 09, 
eligible for the Post-9/11 GI Bill, had at least six years of 
service on the date of election and agreed to serve (if 
applicable) a specified additional period from the date of 
election, may transfer unused Post-9/11 GI Benefits to their 
dependents.  The transfer of such entitlements must be done 
while the service member is on active duty.

The Air Force used internal media, internal communication tools, 
and external trade publications via the Air Force Personnel 
Center (AFPC) Commander and the Education and Training Sections 
at each installation to disseminate information regarding the 
transfer of education benefits to service members.  

The Department of Veterans Affairs (DVA), the Department of 
Defense (DoD) and the Military Services widely publicized the 
Post-9/11 GI Bill and the transferability feature.  DoD 
developed a special website, hosted by Defense Manpower Data 
Center (DMDC), to facilitate the transfer of educational 
benefits.  The website system was operational on 27 Jun 09 for 
the purpose of accepting transfer of benefits applications.

A complete copy of the AFPC/DPSID evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 7 Jan 14 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit B).

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
applicant contends because her spouse passed away unexpectedly 
before he could apply for TEB that she is the victim of an 
injustice.  However, after a thorough review of the review of 
the evidence of record and the applicant’s complete submission, 
we not convinced corrective action is warranted.  In this 
respect we note that the deceased former service member could 
have elected to transfer his benefit as early as 1 Aug 09 
without incurring any additional obligation to serve.  While we 
empathize with the applicant’s plight, she has presented no 
evidence the deceased former service member was somehow 
precluded from transferring his benefits during the two years 
prior to his passing.  While we note the Air Force office of 
primary responsibility indicates the applicant’s dependents may 
qualify for the Marine Gunnery Sergeant John David Fry 
scholarship, in view of the fact that there is no evidence the 
deceased former service member passed away in the line of duty, 
it is not possible to determine if the noted scholarship is 
applicable to the applicant’s situation.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02805 in Executive Session on 26 Jun 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Forms 149, dated 3 Jun 13, 7 Aug 13 and
	            15 Oct 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIT, dated 21 Aug 13.
	Exhibit C.  Letter, SAF/MRBR, dated 7 Jan 14.