RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01386
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he transferred his Post-9/11 GI Bill educational benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
The dissemination of information on the Transfer of Benefits (TEB) requirements was ineffective and he was not aware it had to be approved prior to retirement. He was under the assumption, that he could apply for the transfer once the Department of Veterans Affairs (DVA) determined his entitlement. The transfer program took effect on 1 Aug 2009 and his retirement date was 10 Sep 2009. He applied to the DVA electing to receive Post 9/11 benefits and contacted the Air Force once the VA determined he had five and a half months remaining for TEB and was advised that he was ineligible since he had retired. He read in the Air Force Times that individuals in similar situations were applying to the Board to have their records corrected.
In support of his request, the applicant provides a personal statement, copy of his retirement orders, DVA certificate of eligibility and an Air Force Times news article.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Reserve Order, dated 9 Apr 2009, relieved the applicant from his current assignment and placed him on the USAF Retired Reserve list effective 10 Sep 2009.
The Air Force issued Air Force Instruction 36-2301, Voluntary Education Program, Air Force Guidance Memorandum 1, on 23 Jul 2009 but did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling, in order to provide them with additional counseling on the Post-9/11 GI Bill.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1K recommends denial. A1K states the applicant did not apply for TEB via the TEB system and there is no application on file. Legislative provisions of USC Title 38, Chapter 33, section 3319 (f)(1) states in part, that an individual may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. Every effort was made by the DOD, the DVA and the services to make sure that every eligible service member understood the process for TEB. The DVA did not have its final Rules and Regulations published until 31 Mar 2009 and while the rules and regulations were being formulated, the DOD and the services were busy trying to build an infrastructure that could transmit the TEB data between the DOD and DVA. As the effective date of the program got closer, the rules of engagement became clearer.
A complete copy of the A1K evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Apr 2013 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
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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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. While we note the actions the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant he was not timely made aware of his eligibility for TEB and the steps necessary to transfer his benefits to his dependents prior to his retirement. Therefore, in the interest of justice, we find the evidence sufficient to grant the requested relief and recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 Sep 2009, he elected to transfer his Post 9/11 GI Bill Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-01386 in Executive Session on 10 Dec 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 2013, w/atch.
Exhibit B. Letter, AFPC/DPTT, dated 27 Mar 2013.
Exhibit C. Letter, SAF/MRBR, dated 14 Apr 2013.
Panel Chair
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