RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01946
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits (TEB) to his dependents.
APPLICANT CONTENDS THAT:
Before his retirement in Nov 10, he was not informed that he had to transfer his education benefits to his dependents prior to leaving active duty. During that time, the Air Force had transferred all retirement actions to the new Virtual Military Personnel Flight (vMPF). The program was new and there were many mistakes and oversights occurring throughout the AF. Unfortunately, he was a victim of the new program and process and was under the impression that he could transfer his TEB at any time, given that it was prior to the date he had to utilize his benefit.
The Board should find it in the interest of justice to consider his untimely application, because when he retired there was a lot of confusion and a lack of information in general regarding the Post 9/11 GI Bill benefits. At this time he was confident that he could transfer his request. If he was in fact faced with these decisions while out-processing, he would have definitely chose the opportunity to transfer his TEB to his dependents.
His complete submission is at Exhibit A.
STATEMENT OF FACTS:
During the events under review, the applicant was serving in the Regular Air Force in the grade of master sergeant (E-7).
According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time, nor did he inquire with the Total Force Service Center (TFSC) according to the Right Now Technology regarding TEB (to include eligibility for the program).
The applicants Total Active Federal Military Service Date (TAFMSD) is 23 Oct 84. In accordance with AFI 36-2306, For individuals eligible for retirement on 1 August 2009, no additional service is required. Based on his TAFMSD, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. There is no record in the Defense Manpower Data Center (DMDC) application that the member applied for TEB; therefore, no eligibility for the program could be established, as the law/regulations cite the date of request as the date on which the appropriate service obligation would be established (IAW AFI 36-2306, Attachment 9, A9.18.l.2, A9.18.l.3 and A9.18.l.4). Without a request, a TEB application cannot be approved and eligibility cannot be determined.
If the BCMR feels an injustice has occurred and decides to approve the case, the most reasonable estimate with regard to the TEB approval date would be 25 Feb 10 (no official date of attempt to apply for TEB was provided by the member) as this was the date of the pre-separation counseling, with no incurred ADSC.
A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, was forwarded to the applicant on 4 Aug 14 for review and comment within 30 days (Exhibit C). 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 injustice. While we note the comments of AFPC/DPSIT indicating that relief should be denied because no eligibility for the program could be established; we believe corrective action is warranted. After a thorough review of the evidence of record and the applicants complete submission, it appears that the applicant had every intention of transferring his benefits, but was never properly informed on the requirements to elect transfer prior to separating from active duty. Furthermore, given the applicant would not have inquired an additional ADSC obligation to transfer his TEB, we find the evidence provided sufficient to provide relief. Therefore, in the interest of justice, we recommend his record be corrected to show that on
25 Feb 10 he elected to transfer his benefits. Accordingly, we recommend the applicant's record be corrected as set forth 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 25 Feb 10, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his dependents.
The following members of the Board considered AFBCMR Docket Number BC-2014-01946 in Executive Session on 20 Feb 15, under the provisions of AFI 36-2603:
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The board majority voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 14.
Exhibit B. Letter, AFPC/DPSIT dated 16 May 14 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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