RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00278 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 Montgomery GI Bill (MGIB) benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He thought he had completed the necessary steps to transfer his benefits through the education website, prior to his retirement. Because of his Total Active Federal Military Service Date (TAFMSD), he would incur no service obligation. The applicant’s complete submission is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 20 Jul 87, the applicant entered the Regular Air Force. On 1 Nov 10, the applicant retired from active duty after serving 23 years, 3 months and 11 days on active duty. 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. For individuals eligible for retirement on 1 Aug 09, such as the applicant, no additional service is required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends the applicant’s request be approved. Per AFI 36-2306, Attachment 9, A9.18.1.4., the applicant would have incurred no obligation had he applied prior to retirement. There is enough evidence to show the member was improperly counseled on his benefit eligibility. If he had received proper guidance, he would have applied through MilConnect and been approved for Transfer of Education Benefits (TEB), as he would have incurred no obligation based on his TAFMSD of 20 Jul 87. Therefore, an injustice was caused and the applicant’s TEB application should be approved, effective 31 Oct 10. 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 21 Mar 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 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 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, 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 on 31 Oct 10, 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-2014-00278 in Executive Session on 10 Dec 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00278 was considered: Exhibit A. DD Form 149, dated 14 Jan 14. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 31 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.