RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03244
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She be allowed to transfer her Post-9/11 GI Bill benefits (TEB) to her dependent.
APPLICANT CONTENDS THAT:
She was not aware that she had to transfer her benefits prior to her retirement and now requests that her eligibility be reinstated.
The Board should find it in the interest of justice to consider her untimely application because she recently became aware that she could appeal for the record change.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 30 Nov 09, the applicant retired from the Regular Air Force in the grade of technical sergeant (E-6). She served 20 years, 10 months and 18 days of active service.
The applicants Total Active Federal Military Service Date (TAFMSD) is 1 Feb 89. In accordance with AFI 36-2306, For individuals eligible for retirement on 1 August 2009, no additional service is required. Based on her TAFMSD, she would have incurred no active duty service commitment (ADSC) obligation with TEB approval.
According to the Defense Manpower Data Center (DMDC) application, there is no record the member applied for TEB at any time.
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. The applicant failed to provide any supporting documentation to support an injustice. There is no record in the DMDC that she applied for TEB prior to retirement; 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 (IA W AFI 36-2306, Attachment 9, A9.18.1.2, A9.18.1.3 and A9.18.1.4). Without a request, eligibility cannot be determined and she cannot be approved for TEB.
If the Board 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 Aug 09 (no official date of attempt to apply for TEB was provided by the member).
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 17 Nov 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 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, it appears that the applicant had every intention of transferring her 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 Aug 09 she elected to transfer her 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 Aug 09, she elected to transfer her Post-9/11 GI Bill Educational Benefits to her dependents.
The following members of the Board considered AFBCMR Docket Number BC-2014-03244 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 6 Aug 14.
Exhibit B. Master Personnel Record
Exhibit C. Letter, AFPC/DPSIT, dated 27 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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