RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00045
COUNSEL:
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill Educational
Benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He never received any documentation while on active duty.
Transfer of Benefits (TEB) became available in Aug 09 and he was
on terminal leave effective Oct 09. He does not know how he
could be held responsible for the information that should have
been provided to him before he retired. He served over
20 honorable years and would like to be able to utilize this
earned benefit for his daughters education.
He has lost out on $80,000 that he earned while serving.
The Board should consider it in the interest of justice to
consider his untimely application since the entitlement that an
airman earns after serving for more than 20 years should be
honored.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Jan 10, the applicant was retired in the grade of Master
Sergeant (MSgt, E-7) after serving 20 years and 24 days on
active duty.
Transferability of Unused Education Benefits to Family Members.
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill,
the Secretary concerned, to promote recruitment and retention in
the Uniformed Services, may permit an individual eligible for
Post-9/11 GI Bill educational assistance to elect to transfer to
one or more of his or her family members all or a portion of his
or her entitlement to such assistance.
Per AFI 36-2306, Voluntary Education Program, A9.18.1.4.2, dated
13 Aug 10, for those members who have an approved retirement
date after 1 Aug 09 and before 1 Jul 10, no additional service
is required.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. The applicant was on terminal
leave at the time of the program standup and did not receive
proper counseling prior to entering terminal leave status. He
did not have the opportunity to process the TEB action while on
active duty. Therefore, DPSIT concludes an injustice occurred
and recommends the applicants TEB be approved effective 1 Oct
09.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 14 Feb 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days (Exhibit C).
As of this date, this office has not received a response.
________________________________________________________________
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. Having
carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility
and adopt the rationale expressed as the basis for our decision
that the applicant has been the victim of either an error or an
injustice. Therefore, we recommend the applicants records be
corrected as indicated below.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
_______________________________________________________________
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 Oct
09, he was approved to transfer his Post 9/11 GI Bill Education
Benefits to his dependent.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2014-00045 in Executive Session on 10 Dec 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 2 Jan 14.
Exhibit B. Letter, AFPC/DPSIT, dated 14 Jan 14.
Exhibit C. Letter, SAF/MRBR, dated 14 Feb 14.
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