RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05445
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he transferred his Post-9/11 GI Bill educational benefits to his dependents on 3 Apr 10.
APPLICANT CONTENDS THAT:
He applied for TEB on 3 Apr 10 per the Post-9/11 TEB guidance provided at that time, but was unjustly denied his benefit. After applying, he departed for a new assignment on 5 Apr 10. The Air Force Personnel Center (AFPC) told him that on 6 Apr 10, they acknowledged his email and notified him further action on his application was needed. If he had received the notification, he would have complied with AFPCs additional guidance, however, he never received their 6 Apr 10 e-mail.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 8 Sep 09, the applicant reenlisted for a period of five years and one month. Since the applicant served on active duty since 11 Sep 01, he was entitled to Post-9/11 GI Bill benefits in his own right and was otherwise eligible to transfer said benefits to his dependents, provided he met the prescribed active duty service commitment (ADSC) of four years. Had the applicant successfully transferred his benefits on the date requested (3 Apr 10), he would have incurred a four-year ADSC requiring him to serve until at least 2 Apr 14.
On 31 Jan 14, the applicant was released from active duty and retired, effective 1 Feb 14. He was credited with 20 years and 7 days of total active service.
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends granting the applicants request. 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 four additional years in the Armed Forces from the date of election can transfer their unused Post-9/11 benefits to their dependents (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.
During the period 1 Aug 09 through 1 Jul 10, there was no banner in the Virtual Military Personnel Flight (vMPF) which allowed members to verify their email address and phone number prior to continuing. It is plausible the member did not receive the initial notification. Additionally, Maxwell Air Force Base, AL, had not converted to Air Force Email for Life, which meant that any communication sent by the Total Force Service Center (TFSC) would not have been received by the member. Based on this information, the AFBCMR should approve the application, with a TEB effective date of 3 Apr 10.
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 27 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. We note that the applicant retired just two months prior to fulfilling the active duty service commitment (ADSC) he would have incurred had he transferred his benefits on the date requested. Nonetheless, given the apparent confusion surrounding the applicants election, we believe that it is in the interest of justice to provide the requested relief and also correct the record to reflect that any unserved part of the ADSC was waived. 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 3 April 2010 he elected to transfer his Post-9/11 GI Bill Educational Benefits, and competent authority waived any remaining associated active duty service commitment.
The following members of the Board considered AFBCMR Docket Number BC-2013-05445 in Executive Session on 4 Nov 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 15 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 18 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 14.
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