RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00975
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:
He transferred his TEB benefits to his dependents on 4 Aug 09 while he was still on active duty. After he retired, he discovered this application was not on record.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 13 Aug 86.
On 13 Aug 06, the applicant became retirement eligible.
On 1 Nov 10, the applicant retired, and was credited with 24 years, 2 months, and 18 days of active service. As the applicant served on active duty since 11 Sep 01, he was entitled to Post-9/11 GI Bill benefits in his own right that he could have transferred to his dependent(s).
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:
AFPC/DPSIT recommends approval, indicating there is evidence of an error or injustice. The member completed a VA Form 22-1990, Application for VA Educational Benefits, on 4 Aug 09 to convert from the Montgomery GI Bill. Based on the members Total Active Federal Military Service Date of 13 Aug 86, the member would have incurred no additional active duty service obligation for exercising his TEB benefits. During program startup, there was a lot of confusion about where to apply and what the requirements were to complete the TEB process. The applicant felt he had completed all requirements of the process by completing the VA Form 22-1990. It is clear the applicant attempted to transfer his educational benefits to his dependent, but due to the newness of the program, he simply did not have enough information to complete the process correctly.
A complete copy of the AFPC/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 28 Jul 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 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. 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. Therefore, we recommend the applicants record 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 4 August 2009 he transferred his Post-9/11 GI Bill Educational Benefits.
The following members of the Board considered AFBCMR Docket Number BC-2014-00975 in Executive Session on 13 Jan 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 4 Mar 14, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIT, dated 12 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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