RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05609
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 on 8 Feb 10, the original date of his TEB application submission.
APPLICANT CONTENDS THAT:
His Post-9/11 GI Bill TEB application was denied on 8 Feb 10 because he would not commit to the required additional active duty service commitment (ADSC) associated with TEB. He was deployed when he filed the TEB application and felt that his current enlistment through 13 Mar 13 covered the then required three-year ADSC associated with TEB. He believed he completed all required items in the application process (before vMPF), and didnt discover his application had been disapproved until prior to attending the Transition Assistance Program (TAP).
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 29 Mar 95, and currently serves in the grade of master sergeant (E-7). Had the applicant been successful in transferring his educational benefits, a four-year ADSC (7 Feb 14) would have been required.
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 Exhibits 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 Aug 09, 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)). 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.
From 1 Aug 09 to 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 with the TEB application process. It is plausible the member did not receive the proper notification. Based on this information, the applicants record should be corrected to reflect he transferred his educational benefits, effective 8 Feb 10. The ADSC/Obligation End Date is 7 Feb 14.
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. 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 8 February 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
The following members of the Board considered AFBCMR Docket Number BC-2013-05609 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 2 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 19 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 14.
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