RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02521
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:
During his online out-processing in 2009 he submitted the names of his children so that he could pass on his Post-9/11 GI Bill benefits. At that time the process to transfer was not the same as it is today and for some reason his children are currently not listed as beneficiaries.
The Board should find it in the interest of justice to consider his untimely application because at the time he elected the transfer his children were not near the age of going to college. Also at that time it was not required that you document your TEB transfer prior to separation.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force in the grade of Master Sergeant (E-7) effective 31 Dec 09. He served 23 years and 28 days of active service.
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 3 Dec 86. 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 C.
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. Additionally, this request was submitted five years after the alleged injustice occurred, and the member provides no documentation/evidence of an attempted application for TEB.
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 1 Dec 09, as the member did not provide any evidence or an exact date he attempted to transfer his benefits.
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 25 Aug 14 for review and comment within 30 days (Exhibit D).
The applicant argues, that every reference that the Air Force OPR uses pertaining to his request is published after the date of his retirement on 31 Dec 09. Furthermore, when he out processed via the website at the time, there was not a mandatory requirement to identify the names of the dependents he wished to transfer his benefits too, or was there anything that said if he didnt list his dependents at that time, they wouldnt be eligible for the benefits in the future.
In reference to the timeliness of the application, the applicant states that he retired on 31 Dec 09 and submitted his application for Correction of Military Records on 5 Jun 2014, the time between those two dates is 4 years, 5 months and 3 days excluding the end date, still within this identified 5-year time period.
Finally, the applicant states that he had no idea back in Dec 09 that the law was going to change in Aug 10 and believes that when providing recommendations the OPR should use AFIs that were current on or prior to his retirement date of 31 Dec 09. He understands if there is no record of his TEB request; however, the Air Force has a record of his 23 years of service and who he had listed as his dependents. The Air Force told him in 2009 that he could transfer his education benefits, and now he is being told that this only applies if he can show proof for something he was not required to do.
The applicants complete response, with attachments, is at Exhibit E.
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. In this regard, at the time of the applicants retirement, the Post-9/11 GI Bill was still being introduced. Given the applicant had more than 20 years of satisfactory service and would not have incurred 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 1 Dec 09 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 1 Dec 09, 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-2014-02521 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603:
The board majority voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jun 14.
Exhibit B. Master Personnel Record
Exhibit C. Letter, AFPC/DPSIT, dated 2 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
Exhibit E. Applicants Rebuttal, dated 19 Sep 14, w/atchs.
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