RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03835
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Educational 
benefits to his dependents without incurring an additional 
Active Duty Service Commitment (ADSC).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was previously briefed that his Transfer of Education 
Benefits (TEB) would not require an additional ADSC because he 
was retirement eligible on or before August 2009.  However, on 
5 August 2013 he learned from the Total Force Service Center 
(TFSC) that this option expired as of 3l July 2013.

The applicant's complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 27 January 1989. 
He retired on 30 April 2014 after serving 25 years, 3 months and 
4 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. 

*	Eligible Individuals. Any Service member on or after 
1 August 2009, who is entitled to the Post-9/11 GI Bill at 
the time of the approval of his or her request to transfer 
that entitlement under this section, may transfer that 
entitlement provided he or she meets one of these 
conditions:
o	Has at least 6 years of service in the Military 
Services (active duty or Selected Reserve), National 
Oceanic and Atmospheric Administration Commissioned 
Officer Corps (NOAA) Corps, or Commissioned Corps of 
the Public Health Service (PHS) on the date of 
approval and agrees to serve 4 additional years in the 
Military Services, NOAA Corps, or PHS from the date of 
election.
o	Has at least 10 years of service in the Military 
Services (active duty or Selected Reserve), NOAA 
Corps, or PHS on the date of approval, is precluded by 
either standard policy (Service or DoD) or statute 
from committing to 4 additional years, and agrees to 
serve for the maximum amount of time allowed by such 
policy or statute.
o	Is or becomes retirement eligible during the period 
from 1 August 2009, through 31 July 2012, and agrees 
to serve the additional period, if any, specified in 
the following subparagraphs.  A Service member is 
considered to be retirement eligible if he or she has 
completed 20 years of active Federal service or 
20 qualifying years as computed pursuant to Title 10, 
United States Code (USC) § 12732.  This subparagraph 
will no longer be in effect on 1 August 2013, and on 
or after that date all members must comply with 
subparagraphs above to be eligible for transfer of 
unused education benefits to family members.
?	For individuals eligible for retirement on 
1 August 2009, no additional service is required.
?	For individuals eligible for retirement after 
1 August 2009, and before 1 August 2010, 1 year 
of additional service is required.
?	For individuals eligible for retirement on or 
after 1 August 2010, and before 1 August 2011, 
2 years of additional service is required.
?	For individuals eligible for retirement on or 
after 1 August 2011, and before 1 August 2012, 
3 years of additional service is required.

*	The provisions of DoDI 1341.13, subparagraph 3.a.(3) will 
apply to Service members recalled to active duty under the 
provisions of Title 10 USC § 688 or members of the 
Individual Ready Reserve ordered to active duty under the 
provisions of Title 10 § 12301(d) only when the active duty 
is for a period of at least 90 days.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  The applicant provides no 
evidence of error or injustice on the part of the Air Force.  On 
1 March 2013, the Air Force published Air Force Guidance 
Memorandum to AFI 36-2306, Voluntary Education Program, 
indicating the retirement eligibility dates the applicant 
referred to would expire on 31 July 2013.  This document was 
distributed to the lowest levels in the Air Force.  In addition, 
the Air Force published several articles through Public Affairs 
to notify members of the pending change.  The applicant also 
indicated on his Preseparation Counseling Checklist dated 
13 March 2013, that he would like counseling on his education 
benefits.  While the applicant contends that he falls under the 
paragraph which states: "For those members eligible for 
retirement on or before 1 August 2009 no additional service is 
required."  Those exceptions expired on 31 July 2013, and now 
all members who apply for TEB incur a four-year ADSC.

The complete DPSIT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The advisory opinion is both incorrect and unreasonable.  The 
Air Force Office of Primary Responsibility (OPR) states that the 
evidence does not support that he is a victim of an error or 
injustice.  Therefore, he feels compelled to explain the 
multiple official errors and injustices which resulted in this 
unfortunate situation.  The OPR states "We find there has been 
no injustice to the extent that the service member did not 
receive adequate counseling as required by law and DoD 
regulation." Although he sought counseling on multiple 
occasions, a series of official errors and official ignorance of 
policy, nullified any adequate counseling.  Since this "adequate 
counseling" was required by law and regulation, there is a clear 
injustice, and therefore he should be allowed to transfer his 
Post 9/11 GI Bill benefits to his family.

The applicant’s complete response is at Exhibit E.

________________________________________________________________

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.  According 
to DoDI 1341.13, dated 31 May 2013, no additional service was 
required for those members that were retirement eligible on 
1 August 2009.  Although those exceptions expired on 1 August 
2013, the evidence reflects that the applicant was eligible for 
retirement on 1 August 2009.  Therefore, it appears the 
applicant may not have been properly counseled regarding the 
steps necessary to transfer his Post-9/11 GI Bill to his 
dependents without incurring an ADSC.  As such, we do not find 
it reasonable that he would have knowingly elected not to pursue 
use of this important entitlement.  In view of the foregoing, we 
recommend the applicant’s record be corrected to show that he 
elected to TEB to his dependents before the ADSC exceptions 
expired.   Accordingly, we recommend his records be corrected as 
set forth 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(s) 
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 
30 July 2012, he elected to transfer his Post-9/11 GI Bill 
Educational Benefits to his dependents.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03835 in Executive Session on 1 July 2014, under 
the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered: 

     Exhibit A.  DD Form 149, dated 5 August 2013.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIT, dated 5 September 2013,
                 w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 29 October 2013.
     Exhibit E.  Letter, Applicant, dated 2 November 2013.




                                   .
                                   Panel Chair
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