RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04017
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to indicate he elected to transfer his
Post-9/11 GI Bill educational benefits to his children.
________________________________________________________________
APPLICANT CONTENDS THAT:
He immediately qualified for Post-9/11 GI Bill in June 2009,
however, when he attempted to sign up he was told that the
program was not sufficiently mature enough to be able to sign
up and transfer benefits. When he attempted to sign up for
Post-9/11 benefits, post-retirement, he was told he was unable
to transfer benefits because he was not on active duty. He
earned the right to transfer these benefits. The program had
developmental problems in the beginning that prevented him from
applying. The administrative drawbacks in standing up the Post-
9/11 TEB should be considered as he reapplies. The VA
repeatedly told him no but offered no recourse.
The applicant did not submit any additional documents in support
of his request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to copies of documents extracted from the Automated
Records Management System (ARMS) the applicant is a former
commissioned officer of the Regular Air Force who retired on
1 February 2010, and was credited with 20 years and 8 months of
active duty service.
The applicant had an approved retirement date after
1 August 2009, and before 1 July 2010, therefore no additional
service was required.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states there is no record
in MilConnect or Right Now Technology (RNT) showing the
applicant made any inquiry/attempt to apply for TEB prior to
retirement. The applicant did not provide any supporting
documentation or evidence of his TEB ineligibility. In an RNT
entry on 19 August 2013, the applicant stated he could not
complete the transfer action because a process for TEB
applications was not in place; that is incorrect. The
MilConnect website has been active since 1 August 2009 and
thousands of DoD members were approved for TEB between that date
and the applicants retirement date. Because he is now retired,
the applicant cannot meet the eligibility criteria.
The complete AFPC/DPSIT, with attachment, 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 10 January 2014, for review and comment within 30
days (Exhibit D). To date, a response has not been received.
________________________________________________________________
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 an injustice. After a
thorough review of the evidence of record, we are persuaded that
relief is warranted. In this respect, we note the applicants
comment that when he attempted to sign up, he was told that the
program was not sufficiently mature enough to be able to sign
up and transfer benefits to his dependents. While we note the
steps the Air Force office of primary responsibility indicates
were taken to inform eligible personnel of this new benefit, we
believe that due to the TEB program being newly implemented and
through no fault of the applicant, he was not fully aware of the
TEB rules and requirements to transfer his benefits to his
children. In addition, we find no basis to question the
applicant's account in this matter and do not find it reasonable
that he would have knowingly elected not to pursue use of this
important entitlement. In view of this and noting the applicant
did take affirmative action to transfer his educational
benefits, we find a sufficient basis to conclude that he has
been the victim of an injustice and therefore, recommend the
records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
30 January 2010, he elected to transfer his Post-9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 28 May 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04017 was considered:
Exhibit A. DD Form 149 dated 20 Aug 2013.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIT, dated 12 Sep 2013, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 10 January 2014.
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