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AF | BCMR | CY2014 | BC 2014 00672
Original file (BC 2014 00672.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00672
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill educational 
benefits to his dependents


APPLICANT CONTENDS THAT:

Prior to his retirement out-processing, he attempted to transfer 
education benefits to his dependent, but was unable to due to 
technical difficulties with the website.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is a former Air National Guard member who was 
transferred to the Retired Reserve on 31 Dec 12.

Because the applicant served on active duty since 11 Sep 01, he is 
entitled to benefits under the Post-9/11 GI Bill program in his 
own right.  Because he was retirement eligible prior to 1 Aug 09, 
he would not have incurred a service commitment had he elected to 
transfer his benefits to his dependents prior to his retirement.

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 Exhibit C.


AIR FORCE EVALUATION:

NGB/A1Y recommends granting the requested relief noting the 
applicant attempted in good faith on several occasions with the 
assistance of his Retention Office Manager (ROM) to transfer 
education benefits to his dependents.  Due to the policy in effect 
at the time the applicant retired, he did not incur an ADSC.

The Post-9/11 GI Bill program became effective on 1 Aug 09.  
Service members approved to transfer education benefits under this 
program must transfer the benefits while serving on active duty.  
This information was disseminated via government-hosted websites 
prior to the effective date of the program.

The Department of Veterans Affairs (DVA), the Department of 
Defense (DoD) and the Military Services widely publicized the 
Post-9/11 GI Bill and the transferability feature.  DoD developed 
a special website, hosted by Defense Manpower Data Center (DMDC), 
to facilitate the transfer of educational benefits.  The website 
system was operational on 27 Jun 09 for the purpose of accepting 
transfer of benefits applications.  The ANG used Retention Office 
Managers (ROM) at each Wing to disseminate information regarding 
the transfer of education benefits to unit members.

The DMDC website established to facilitate the transfer of 
benefits has the feature to track the service member’s transfer 
from the initial request to any changes or modifications made to 
the request.  This feature started tracking requests submitted 
beginning 14 Aug 10.  A search was conducted and found no records 
for the applicant.

The ROM from the applicant’s former unit remembers meeting with 
the applicant on several occasions to specifically accomplish his 
transfer of education benefits, but was unsuccessful due to 
technical difficulties with the MILCONNECT website.  Due to a 
situation beyond the applicant’s control he reached his retirement 
date without completing his request to transfer his education 
benefits to his dependents.

A complete copy of the NGB/A1Y 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 29 Sep 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 error or 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 the applicant has been the victim of 
an error or injustice.  Therefore, as it appears the applicant’s 
inability to transfer his benefits to his dependent was due to no 
fault of his own and, because the applicant would not have 
incurred a requirement to perform additional service subsequent to 
the transfer of his benefits, we believe it is in the interest of 
justice to 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 he elected to 
transfer his Post-9/11 GI Bill Educational Benefits on 30 December 
2012.
      

The following members of the Board considered AFBCMR Docket Number 
BC-2014-00672 in Executive Session on 20 Feb 15 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 8 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, undated.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Sep 14.

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