RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02018
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show that he applied for the Transfer
of Education Benefits (TEB) on 2 Aug 09.
________________________________________________________________
APPLICANT CONTENDS THAT:
He applied for the TEB from a non-Air Force deployed location
and his request was somehow mishandled and dropped at some
point.
The applicants complete submission is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 29 Jul 93, the applicant enlisted in the Regular Air Force
and is currently serving in the grade of Master Sergeant (MSgt,
E-7).
According to the Military Personal Data System (MilPDS), the
applicant was deployed from 14 May 09 to 28 Sep 09.
On 11 Jul 13, the applicant reenlisted in the Regular Air Force
for a period of 4 years, which established his date of
separation as 29 Jul 17.
On 12 Feb 15, the applicant signed an AF Form 4406, Post 9/11
G.I. Bill Transfer of Education Benefits Statement of
Understanding, acknowledging that he would incur a four year
service obligation.
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.
Any member of the Armed Forces (active duty and/or Selected
Reserve) who meets Post-9/11 GI Bill eligibility requirements
and at the time of the approval of the members request to
transfer entitlement to educational assistance and has at least
6 years of service in the Armed Forces (active duty and/or
Selected Reserve) on the date of election and agrees to serve 4
additional years in the Air Force from the date of request.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends approval. Based on the totality of what
is expressed in the applicants case and the fact that he was at
a non-Air Force deployed location, his application could not
have been received. Additionally, due to the program being in
its beginning stages, the possibility that the applicants
application was never received could be a likely possibility.
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 10 Oct 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 timely filed.
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, in the interest of justice, 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:
a. His AF Form 4406, Post 9/11 G.I. Bill Transfer of
Educational Benefits Statement of Understanding, dated 12 Feb
15 be declared void and removed from his military personnel
records.
b. On 2 Aug 09, 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-2014-02018 in Executive Session on 23 Mar 15, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 14.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 19 May 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.
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