RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02018 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he applied for the Transfer of Education Benefits (TEB) on 2 Aug 09. ________________________________________________________________ APPLICANT CONTENDS THAT: He applied for the TEB from a non-Air Force deployed location and his request was somehow mishandled and dropped at some point. The applicant’s complete submission is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 29 Jul 93, the applicant enlisted in the Regular Air Force and is currently serving in the grade of Master Sergeant (MSgt, E-7). According to the Military Personal Data System (MilPDS), the applicant was deployed from 14 May 09 to 28 Sep 09. On 11 Jul 13, the applicant reenlisted in the Regular Air Force for a period of 4 years, which established his date of separation as 29 Jul 17. On 12 Feb 15, the applicant signed an AF Form 4406, Post 9/11 G.I. Bill Transfer of Education Benefits Statement of Understanding, acknowledging that he would incur a four year service obligation. Transferability of Unused Education Benefits to Family Members. Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, the Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. Any member of the Armed Forces (active duty and/or Selected Reserve) who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance and has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Air Force from the date of request. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends approval. Based on the totality of what is expressed in the applicant’s case and the fact that he was at a non-Air Force deployed location, his application could not have been received. Additionally, due to the program being in its beginning stages, the possibility that the applicant’s application was never received could be a likely possibility. 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 10 Oct 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, in the interest of justice, we recommend the applicant's records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. His AF Form 4406, Post 9/11 G.I. Bill Transfer of Educational Benefits Statement of Understanding, dated 12 Feb 15 be declared void and removed from his military personnel records. b. On 2 Aug 09, he elected to transfer his Post 9/11 MGIB benefits to his eligible dependents. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2014-02018 in Executive Session on 23 Mar 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 May 14. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 19 May 14. Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.