RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02250
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post 9/11 GI Bill Educational benefits to his dependent children.
APPLICANT CONTENDS THAT:
His last duty station was the Defense Attaché Office at the US Embassy in Bangkok, Thailand; however, he out-processed at Scott Air Force Base (AFB). At no time in this process was he informed of the new Post 9-11 GI Bill or the fact that his dependents had to be elected eligible for this benefit. Now that his children are approaching college age he recently found out that he had to make the transfer election prior to his retirement. He was never told this while on active duty and he views this as unjust.
The Board should find it in the interest of justice to consider his untimely application because he had no reason to look into this before his children reached college age and was surprised that Defense Intelligence Agency (DIA) and the Air Force did not brief him on how the benefit worked at his retirement
out-processing. Furthermore, his oldest son just finished his first year at the Air Force Academy and his second child has received a Type 7 AF ROTC scholarship. His delay in researching and submitting this application were because of the scholarships they received. However, his other children will graduate high school in 2016 and therefore he is now requesting this correction in anticipation of transferring the benefit to one of them. One, three, or eight years makes no difference as it is still the benefit he earned and should be allowed to transfer it to his dependents.
The applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of Major (Maj, O-4) effective 31 May 06.
Post-9/11 GI Bill Transferability: Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement, may transfer that entitlement provided he or she meets one of these conditions:
* Has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the Public Health Service (PHS) on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election.
* Has at least 10 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval, is precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.
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. DPSIT states, the member retired effective 31 May 06. By law and DoD regulations, the program for the Transfer of Education Benefits (TEB) started 1 Aug 09. According to 38 USC, Chapter 33, Section 3319 (f) (1) "an individual...may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." Based on the applicants retirement date, he retired prior to the TEB program being established and therefore, he is not eligible to transfer benefits to his dependents.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit B.
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 (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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
The following members of the Board considered AFBCMR Docket Number BC-2014-02250 in Executive Session on 20 Feb 15, under the provisions of AFI 36-2603:
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 May 14.
Exhibit B. Letter, AFPC/DPSIT, dated 30 Jun 14.
Exhibit C. Letter, SAF/MRBR, dated 10 Oct 14.
AF | BCMR | CY2014 | BC 2014 03824
Post-9/11 GI Bill Transferability: Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement, may transfer that entitlement provided he or she meets one of these conditions: * Has at least 6 years of service in the Military Services (active duty or Selected Reserve), National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA) Corps, or Commissioned Corps of the...
AF | BCMR | CY2014 | BC 2014 02064
In accordance with AFI 36-2306, For individuals eligible for retirement on 1 Aug 09, no additional service is required. Given that the applicant was eligible for retirement prior to 1 Aug 09, he would have incurred no active duty service commitment (ADSC) obligation with TEB approval. Based on the applicants retirement date, he retired prior to the TEB program being established and therefore, he is not eligible to transfer benefits to his dependents. THE BOARD RECOMMENDS THAT: The...
AF | BCMR | CY2014 | BC 2014 02270
The Board should find it in the interest of justice to consider his untimely application because in 2008 he investigated his dependents ability to claim the education benefit and was told that since he did not transfer while on active duty it could not now be done. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the...
AF | BCMR | CY2014 | BC 2014 02170
The Board should find it in the interest of justice to consider her untimely application because in 2008 she investigated her dependents ability to claim the education benefit and was told that since she did not transfer while on active duty it could not now be done. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the...
AF | BCMR | CY2014 | BC 2014 01441
APPLICANT CONTENDS THAT: At the time he was serving in the Air Force, he was unaware of the rules that were required to transfer the Post 9/11 GI Bill. Post-9/11 GI Bill Transferability: Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement, may transfer that entitlement provided he or she meets one of these conditions: * Has at least 6 years of service in the Military Services...
AF | BCMR | CY2014 | BC 2014 03525
For individuals eligible for retirement on 1 August 2009, no additional service is required. For individuals eligible for retirement after 1 August 2009, and before 1 August 2010, 1 year of additional service is required. Since the stand-up of the TEB website on 1 August 2009, when a member submits a TEB request and does not allocate months of benefits to a dependent, a message pops up which states: "Warning: You have one or more eligible family members to whom you have not transferred months.
AF | BCMR | CY2013 | BC 2013 05219
Transferability of unused benefits to dependents: Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 August 2009 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 the member meets one of the following: o Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees...
AF | BCMR | CY2014 | BC 2014 01486
The member states that he reapplied for the benefit which also required a reenlistment well beyond 20 years of service. Examiners Note: According to the DD Form 4/1, the applicant would have had the retainability required for TEB at the time of his Jul 11 submission. Without a signed SOU, the TEB application cannot be approved.
AF | BCMR | CY2014 | BC 2014 00445
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00445 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. The Board should consider his untimely application in the interest of justice because he was offered the Post-9/11 GI Bill benefits after his discharge. We took notice of the applicants complete submission in judging the merits of the...
AF | BCMR | CY2014 | BC 2014 00275
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00275 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill Educational Benefits to his dependents. The Board should consider it in the interest of justice to consider his untimely application in order to allow his children to have access to his Post-9/11 GI Bill Education Benefits. We took notice of the applicants complete...