RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05141
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill Education Benefits (TEB) to his dependents while on active duty.
APPLICANT CONTENDS THAT:
He applied for the TEB in Oct 09 via the GI Bill website and received feedback showing his transfer request was successful. He did not discover the TEB request was not finalized/approved until Apr 13 when he visited the GI Bill website and saw that his dependents were not listed as recipients of his educational benefits.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 2 Jul 87.
On 31 Mar 10, the applicant was furnished an honorable discharge and was retired, effective 1 Apr 10, and was credited with 22 years, 8 months, and 29 days of active service. As the applicant was retirement eligible prior to 1 Aug 09, he could have elected to transfer his benefits without being required to fulfill an additional active duty service commitment (ADSC).
The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. For the first time in history, service members enrolled in 38 U.S.C., Chapter 33 (Post-9/11 Educational Assistance), are able to transfer unused educational benefits to their dependent spouses or children. Any member of the Armed Forces, active duty or Selected Reserve, officer or enlisted, on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period in the Armed Forces from the date of election (if applicable), may transfer unused Post-9/11 benefits to their dependents pursuant to Service regulations (38 U.S.C. §3319(b)(l)). Title 38, U.S.C. §3319(b) (l)) adds that the transfer of such entitlement can only be done will serving as a member of the armed forces when the transfer is executed.
During the time of this matter, the Post 9/11 GI Bill TEB was in effect for only two months, and there was much confusion in regards to processing applications and/or getting TEB approval, including the fact that the applicants TEB was not officially approved was not discovered during his pre-separation counseling with the Education office. Finally, because the applicants Total Active Federal Military Service Date (TAFMSD) was 2 Jul 87, he would not have incurred a service obligation for TEB approval. Based on the listed facts above, this office recommends approval of the applicants TEB, effective, 1 Oct 09.
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 6 Jan 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DPSIT and adopt its rationale as the basis for our conclusion that relief should be granted. Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief. Therefore, we recommend the applicants record be corrected as indicated below.
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 1 October 2009, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
The following members of the Board considered AFBCMR Docket Number BC-2013-05141 in Executive Session on 3 Nov 14 under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 18 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 14.
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