RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01329 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: His online request was submitted within the guidelines and the required timeframe before he retired; however, the system did not transfer his benefits to his dependents. Technical errors prevented the processing of his application. The applicant provides no supporting documentation with his appeal. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who retired in the grade of master sergeant effective 1 November 2009. For those individuals who have an approved retirement date after 1 August 2009, and before 1 July 2010, no additional service is required. According to the evidence of record, the applicant’s request for retirement on 1 November 2009 was approved by his commander on 21 April 2009. Therefore, he incurred no additional service requirement. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. DPSIT states that during the initial rollout of the Post 9/11 GI Bill TEB program, there were members who experienced both technical difficulties with the TEB website as well as being directed to complete the TEB action through the Department of Veteran Affairs (DVA) rather than thorough MilConnect. DPSIT indicates they find the applicant’s intention to transfer benefits was clear and he should not be punished for a technical error. 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 31 March 2013 for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ _ 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 error or injustice. After reviewing the evidence of record, we are persuaded that favorable consideration of the applicant’s request is warranted. We note the Air Force office of primary responsibility (OPR) indicates several members experienced technical difficulties with the TEB website at the time of the TEB program standup causing their TEB elections to not process appropriately; thereby, creating an injustice which should be corrected. Therefore, we agree with the recommendation by the Air Force OPR and adopt its rationale as the basis for our conclusion that the applicant has been a victim of an error or injustice. Accordingly, we recommend the records be corrected as indicated 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 October 2009 he elected to transfer his Post-9/11 GI Bill Educational Benefits. __________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01329 in Executive Session on 16 December 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered for AFBCMR Docket Number BC-2013-01329: Exhibit A. DD Form 149, dated 3 Mar 13. Exhibit C. Letter, AFPC/DPSIT, dated 25 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 31 Mar 13. 2 3 4