RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03804
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records to be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents while on active duty.
APPLICANT CONTENDS THAT:
He never received notification that the Transfer of Education Benefits (TEB) for his son was incomplete. It was not until after he was medically retired that it became apparent there was a problem with his TEB election.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate that he enlisted in the Regular Air Force on 12 Dec 91.
According to AFPC/DPSIT, the applicant applied for TEB on 8 Jun 10. On the date in question, the applicant would have incurred a four year active duty service commitment (ADSC) had he elected to transfer his Post-9/11 GI Bill benefits.
On 26 Feb 12, the applicant retired in the grade of technical sergeant (E-6), with a narrative reason for separation of Disability, Permanent. He was credited with 20 years, 2 months, and 15 days of total active service.
In accordance with AFI 36-2306, Voluntary Education Program, eligible individuals requesting TEB that have at least ten years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, but are precluded by either Air Force policy, Department of Defense policy or statute from committing to four additional years of service and agree to serve for the maximum amount of time allowed by such policy or statute, are eligible to transfer unused benefits to dependents.
In accordance with Department of Defense Instruction (DoDI) 1341.13, Post-9/11 GI Bill, the applicant is considered to have completed his service agreement as a result of being discharged for a disability. Therefore, even though he would have been unable to meet the four-year ADSC, because he was retired for physical disability, he would have been considered to have met the service requirement and the transfer of his benefits would not have been revoked.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval, indicating that during the period 1 Aug 09 to 1 Jul 10, there was no banner in the virtual military personnel flight (vMPF) which allowed members to verify their e-mail and telephone number. In this case, the applicant applied for TEB on 8 Jun 10; however, his application was rejected on 29 Jun 10. The applicant contends he never received any notification from the Total Force Service Center (TFSC) and did not discover the TEB was not approved until after his medical retirement in 2012. Due to the applicants inability to verify his e-mail and telephone number through the vMPF, it is plausible that he did not receive the proper notification that his 8 Jun 10 TEB application for his son was incomplete. Therefore, the applicants request to apply for the Post 9/11 GI Bill and to transfer benefits to his dependents should be granted.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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 took notice of the applicants complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. We further note that although the applicant would have initially incurred a four-year ADSC in conjunction with his TEB, his subsequent physical disability retirement would have precluded him from fulfilling his ADSC requirement and, as such, his ADSC would have been waived. Therefore, we recommend the applicants record be corrected as indicated below.
4. The applicants 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 issues 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 the APPLICANT be corrected to show that on 8 June 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
The following members of the Board considered AFBCMR Docket Number BC-2013-03804 in Executive Session on 1 Jul 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 Aug 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 20 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 14 Nov 13.
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