RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00764
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His record be corrected to show he transferred his Post-9/11 GI Bill educational benefits (TEB) to his dependents on 19 Dec 12.  


APPLICANT CONTENDS THAT:

He submitted his TEB application on 19 Dec 12 and, at the time, was told there was plenty of time for approval of his request before his retirement date of 1 Feb 13.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Air Force Reserve in the grade of Master Sergeant (E-7) during the matter under review.  

The applicant has served on active duty since 11 Sep 01, was eligible to retire in 2009, and was entitled to Post-9/11 GI Benefits.  On the date he applied to transfer his benefits, he would have incurred no additional active duty service commitment (ADSC) for TEB benefits.

According to the documentation submitted by the applicant, he applied for the TEB Program on 19 Dec 12.  

Under Reserve Order EK-5698, dated 20 Jul 12, the applicant was transferred to the Retired Reserve, effective 1 Feb 13.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.


AIR FORCE EVALUATION:

ARPC/DPTT recommends approval, indicating there is evidence of an error or injustice.  The Post-9/11 GI Bill became effective 1 Aug 09, and states an individual “…may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.”  The applicant was eligible to transfer his Post-9/11 GI Bill TEB benefits to his dependents as defined in Public Law No 110-252.  Based upon the documentation provided by the applicant, to include the MilCONNECT screen shot, he attempted to transfer his benefits on 19 Dec 12.  The applicant claims that at the time he submitted his TEB request on 19 Dec 12, there was plenty of time for approval prior to his retirement on 1 Feb 13.  ARPC cannot take the action required to correct the member’s record, recommend approval. 
 
A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


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 injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief should be granted.  Therefore, we recommend the applicant’s record 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 reflect that on 19 December 2012 he elected to transfer his Post-9/11 GI Bill Educational Benefits. 




The following members of the Board considered AFBCMR Docket Number BC-2014-00764 in Executive Session on 13 Jan 15 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:

	Exhibit A.  DD Form 149, dated 16 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 24 Apr 14,
            w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.