RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00620
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 Montgomery GI Bill 
benefits to his dependents.

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APPLICANT CONTENDS THAT:

He would not have retired two months short of the Active Duty 
Service Commitment (ADSC) date if he had known that he would 
have been forfeiting the ability to transfer his education 
benefits.  

The applicant’s complete submission is at Exhibit A.

_________________ ______________________________________________

STATEMENT OF FACTS:

On 24 Sep 91, the applicant enlisted in the Regular Air Force, 
with a Total Active Federal Military Service Date (TAFMSD) of 
24 Sep 91.

On 5 Aug 07, the applicant signed the Post 9/11 GI Bill Transfer 
of Educational Benefits Statement of Understanding (SOU) 
indicating that based on his Expiration Term of Service (ETS), 
three years of additional service is required after approval of 
transfer.

On 22 Feb 11, the applicant received his preseparation 
counseling indicating he received education benefits counseling.

On 1 May 12, the applicant retired from active duty and was 
credited with 20 years, 7 months and 7 days of total active 
service.

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 or after 1 Aug 11, and before 1 Aug 12, 
3 years of additional service after approval of transfer are 
required.

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice.  The applicant had ample opportunity to 
confirm that he would maintain TEB benefits if he retired on 
1 May 12.  There is no evidence in the Right Now Technology 
(RNT) system or any evidence provided by the applicant of any 
discussion that occurred advising him that the final two months 
of his obligation would be waived.  The applicant’s DD Form 214, 
Certificate of Release or Discharge from Active Duty, reflects a 
voluntary retirement and the retirement was not due to hardship, 
in which case a waiver can be authorized without losing the TEB 
if he retired prior to the Obligation End Date.  The applicant 
failed to meet the 27 Jul 11 [sic] requirement for TEB and is 
therefore ineligible.

On 28 Jul 09, the applicant was approved for TEB and incurred a 
3 year ADSC to 27 Jul 12.  On 15 Nov 11, he voluntarily applied 
for retirement with a retirement effective date of 1 May 12.  On 
5 Dec 11, his retirement application was approved.  The 
applicant previously submitted a retirement application on 1 Aug 
11 in which the effective retirement date would have fulfilled 
the service obligation, but the application was cancelled by the 
applicant’s commander for unknown reasons.  

The complete DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Apr 14 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2014-00620 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 17 Jan 14.
	 Exhibit B.  Applicant's Available Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSIT, dated 17 Mar 14.
	 Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 14.






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