RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04017

			COUNSEL:  NONE 

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to indicate he elected to transfer his Post-9/11 GI Bill educational benefits to his children.  
________________________________________________________________

APPLICANT CONTENDS THAT:

He immediately qualified for Post-9/11 GI Bill in June 2009, however, when he attempted to sign up he was told that the 
program was not sufficiently “mature” enough to be able to sign up and transfer benefits.  When he attempted to sign up for 
Post-9/11 benefits, post-retirement, he was told he was unable to transfer benefits because he was not on active duty.  He 
earned the right to transfer these benefits.  The program had developmental problems in the beginning that prevented him from 
applying.  The administrative drawbacks in standing up the Post-9/11 TEB should be considered as he reapplies.  The VA 
repeatedly told him no but offered no recourse.  

The applicant did not submit any additional documents in support of his request.  

The applicant’s complete submission is at Exhibit A.  
________________________________________________________________

STATEMENT OF FACTS:

According to copies of documents extracted from the Automated Records Management System (ARMS) the applicant is a former 
commissioned officer of the Regular Air Force who retired on 1 February 2010, and was credited with 20 years and 8 months of active duty service.  

The applicant had an approved retirement date after 
1 August 2009, and before 1 July 2010, therefore no additional 
service was required. 

______________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  DPSIT states there is no record 
in MilConnect or Right Now Technology (RNT) showing the 
applicant made any inquiry/attempt to apply for TEB prior to 
retirement.  The applicant did not provide any supporting 
documentation or evidence of his TEB ineligibility.  In an RNT 
entry on 19 August 2013, the applicant stated he could not 
complete the transfer action because a process for TEB 
applications was not in place; that is incorrect.  The 
MilConnect website has been active since 1 August 2009 and 
thousands of DoD members were approved for TEB between that date 
and the applicant’s retirement date.  Because he is now retired, 
the applicant cannot meet the eligibility criteria.  

The complete AFPC/DPSIT, with attachment, 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 January 2014, for review and comment within 30 
days (Exhibit D). To date, a response has not been received.  

________________________________________________________________

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 an injustice.  After a 
thorough review of the evidence of record, we are persuaded that 
relief is warranted.  In this respect, we note the applicant’s 
comment that when he attempted to sign up, he was told that the 
program was not sufficiently “mature” enough to be able to sign 
up and transfer benefits to his dependents.  While we note the steps the Air Force office of primary responsibility indicates 
were taken to inform eligible personnel of this new benefit, we believe that due to the TEB program being newly implemented and 
through no fault of the applicant, he was not fully aware of the TEB rules and requirements to transfer his benefits to his 
children.  In addition, we find no basis to question the applicant's account in this matter and do not find it reasonable 
that he would have knowingly elected not to pursue use of this important entitlement.  In view of this and noting the applicant 
did take affirmative action to transfer his educational benefits, we find a sufficient basis to conclude that he has 
been the victim of an injustice and therefore, 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 
30 January 2010, he elected to transfer his Post-9/11 GI Bill Educational Benefits.  
________________________________________________________________

The following members of the Board considered this application in Executive Session on 28 May 2014, under the provisions of AFI 36-2603:

			, Panel Chair
			, Member
			, Member


The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04017 was considered:  

    Exhibit A.  DD Form 149 dated 20 Aug 2013.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPSIT, dated 12 Sep 2013, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 10 January 2014.
1 2