ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-04234

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to transfer his Post-9/11 GI Bill benefits to his dependents, and to establish the spouse 15-year time limitation to begin on the date the correction is approved.

RESUME OF THE CASE

The applicant, a retired master sergeant (E-7), was relieved from Active Duty on 31 Jul 09, and retired effective 1 Aug 09.  On 7 Jul 15, the Board considered and denied the applicant’s request to Transfer Education Benefits to his dependents, finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibits E.

On 6 Mar 20, the applicant requested reconsideration of his request to Transfer Education Benefits (TEB) to his dependents.  In the alternative, he requested his Active Duty service time be extended by one day, or sufficient time, in order to transfer education benefits (by amendment at Exhibit I).  He contends he was stationed at the US Embassy in Bulgaria before he retired, without an Air Force email address, and was never informed of the Post-9/11 GI Bill benefits or transferability options.  Additionally, DD Form 2648, Preseparation Counseling Checklist for Active Component Service Members, did not address the Post-9/11 GI Bill.  He recently located an AFPC/PA article, dated 1 Jul 09, indicating TEB applications were accepted beginning 29 Jun 09.  He further identified a court case where the service member did not receive required counseling prior to separation and the court determined he should have TEB restored.  He reiterates that had he known about the requirements for the entitlement he would have transferred benefits while on active duty.  

The applicant’s complete submission is at Exhibit F.

AIR FORCE EVALUATION

AFPC/DP3SA, recommends denying the application. In accordance with Directive-type Memorandum (DTM) 09-003, Post-9/11 GI Bill, Attachment 2, Paragraph 3.a., members are eligible to transfer benefits if service to the Armed Forces was on or after 1 Aug 09.  Additionally, 38 U.S.C., Section 3319, Authority to transfer unused education benefits to family members, Paragraph (f)(1) states: “an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed.”  The applicant is ineligible to transfer education benefits to dependents.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 Aug 20 for comment (Exhibit H), and the applicant replied on 15 Sep 20.  In his response, the applicant requested his Active Duty service time be extended by one day, or sufficient time, in order to transfer education benefits.  He reiterated that he was not provided the Post-9/11 GI Bill preseparation counseling required by the 22 Jun 09 Memorandum.  If he had been properly counseled he would have stayed on Active Duty for a sufficient time to transfer these education benefits.  The applicant’s complete response is at Exhibit I.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP3SA against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.   The Board finds the applicant more likely than not was not made aware about the procedures to transfer his educational benefits to his dependents prior to retirement.  In addition, the Board does not find it reasonable that he would have knowingly elected not to take the necessary action in order to ensure he retained this entitlement for his dependents.  With regard to the request to establish a 15-year time limitation for his spouse, the Board directs the applicant to the Department of Veterans Affairs to request a delimiting date extension.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.  He was not released from active duty effective 31 July 2009, and retired effective 1 August 2009.  

b.  On 1 August 2009, he elected and was approved to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents with no additional service obligation. 

c.  He was released from active duty effective 31 August 2009, and retired effective 1 September 2009.  

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2014-04234 in Executive Session on 18 Nov 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/Exhibits A-D, dated 7 Jul 15.
Exhibit F:	Application, DD Form 149, w/atchs, dated 6 Mar 20.
Exhibit G:	Advisory opinion, AFPC/DP3SA, dated 1 May 20.
Exhibit H:	Notification of advisory, SAF/MRBC to applicant, dated 26 Aug 20.
Exhibit I:	Applicant’s response, dated 15 Sep 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2014-0423, as required by AFI 36-2603, paragraph 4.11.9.