RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01309
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 dependents while he was on active duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
The lack of information on this program at the time of his retirement caused an injustice. He did not receive sufficient information to make a proper election.
The applicants complete submission is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in the regular Air Force, retiring on 1 Nov 09 after 22 years, 4 months, and 22 days of active service.
The remaining relevant facts pertaining to this application are contained 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:
AFPC/DPSIT recommends granting the applicants request. The member was on terminal leave during the period of time prior to his retirement. The TEB Program was very new at this time and it is plausible the member would not have received a briefing, to include the need to apply prior to separation/retirement. Based on this information his application should be approved. 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 certain service commitment requirements 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.
A complete copy of the AFPC/DPSIT evaluation 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 31 Mar 13 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 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 the Air Force office of primary responsibility 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.
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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 31 October 2011, he elected to transfer his Post-9/11 GI Bill Educational Benefits.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01309 in Executive Session on 24 Sep 13, under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The following documentary was considered:
Exhibit A. DD Form 149, dated 11 Mar 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 19 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 31 Mar 13.
Panel Chair
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