RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00278
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 Montgomery GI Bill
(MGIB) benefits to his dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He thought he had completed the necessary steps to transfer his
benefits through the education website, prior to his retirement.
Because of his Total Active Federal Military Service Date
(TAFMSD), he would incur no service obligation.
The applicants complete submission is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 20 Jul 87, the applicant entered the Regular Air Force.
On 1 Nov 10, the applicant retired from active duty after
serving 23 years, 3 months and 11 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. For individuals eligible
for retirement on 1 Aug 09, such as the applicant, no additional
service is required.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends the applicants request be approved. Per
AFI 36-2306, Attachment 9, A9.18.1.4., the applicant would have
incurred no obligation had he applied prior to retirement.
There is enough evidence to show the member was improperly
counseled on his benefit eligibility. If he had received proper
guidance, he would have applied through MilConnect and been
approved for Transfer of Education Benefits (TEB), as he would
have incurred no obligation based on his TAFMSD of 20 Jul 87.
Therefore, an injustice was caused and the applicants TEB
application should be approved, effective 31 Oct 10.
The complete 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 21 Mar 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 an 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 applicant's records 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
31 Oct 10, he elected to transfer his Post 9/11 MGIB benefits to
his eligible dependents.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2014-00278 in Executive Session on 10 Dec 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00278 was considered:
Exhibit A. DD Form 149, dated 14 Jan 14.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 31 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
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