RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05250
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his spouse while he was on active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly denied his Post-9/11 GI Bill TEB. Prior to his retirement, he was briefed by a member of the Education Office staff that if he chose to reenlist, he would have the option of transferring his Post-9/11 GI Bill TEB to his spouse. However, reenlisting was not actually required to qualify for TEB because he was eligible to retire when he applied in Jun 10. If he had been given the correct information by the Education Office he would have elected to transfer his benefits. But he did because he was already committed to civilian employment and the relocation of his family.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
The applicant served in the Air Force Reserve in the grade of Technical Sergeant (E-6) during the matter under review.
On 15 Jul 09, the applicant obtained 20 years of satisfactory service and was eligible to retire.
Effective 1 Aug 10, under Reserve Order EK-1831, dated 26 Jan 10, the applicant was retired and assigned to the Retired Reserve.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an injustice. For the first time in history, service members enrolled in the Post-9/11 GI Bill Program 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 Aug 09, who is eligible for the Post-9/11 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 (Title 38 USC, Chapter 33, § 3319(b)(1)). Title 38 USC, Chapter 33, § 3319(f)(1) adds that the transfer of such entitlement can only be done while serving as a member of the armed forces when the transfer is executed.
The applicant refers to the Post-9/11 GI Bill TEB Statement of Understanding (SOU) which states Personnel who have an approved retirement date after 1 Aug 09 and before 1 Jul 10no additional service required. Although the member was eligible to retire in Jun 10, his official date of retirement was 1 Aug 10, which required one additional year of service. In accordance with (IAW) DoDI 1341.13, POST-9/11 GI BILL, waiving the service commitment is not an option except when the member is precluded by either standard policy (Service of DoD) or statute from committing to four additional years, and agrees to serve the maximum amount of time allowed by such policy or statute. Because the applicants retirement date was 1 Aug 10, and not prior to 1 Jul 10 as stated in the Statement of Understanding (SOU), he was required to reenlist and serve an additional year of service in order to transfer his Post-9/11 BI Bill benefits.
A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2 Jun 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-05250 in Executive Session on 11 Aug 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Nov 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 12 Feb 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 14.
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